Bajaj Allianz General Insurance ... vs Punam Jaiswal
2021 Latest Caselaw 741 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    [Civil Miscellaneous Appellate Jurisdiction]
                           M.A. No. 176 of 2015
          Bajaj Allianz General Insurance Co. Ltd.
                                                       .... .. ...   Appellant(s)
                                     Versus
         1.Punam Jaiswal, W/o Late Binod Kumar
         2.Anupam Jaiswal, S/o Late Binod Kumar
         3.Ankur Jaiswal, S/o Late Binod Kumar
         4.Rajesh Kumar , S/o Jai Kishun Singh                      .. ... ... Respondent(s)
                          ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :-Video Conferencing) .........

      For the Appellant(s)            :    Mr. S. J. Roy, Advocate.
      For the Resps./claimants :           Mr. Rajiv Karn, Advocate
                          ..........

06 / 17.02.2021. Heard, learned counsel for the parties.

The appellant- Bajaj Allianz General Insurance Co. Ltd. has preferred this Misc. Appeal against the award dated 06.02.2015 passed by learned District Judge-XIV-cum- Motor Accident Claims Tribunal, Dhanbad, in Title (M.V.) Case No.29 of 2010, whereby, the compensation has been awarded to the claimants, namely, (1)Punam Jaiswal, W/o Late Binod Kumar, (2).Anupam Jaiswal, S/o Late Binod Kumar, and (3).Ankur Jaiswal, S/o Late Binod Kumar, to the tune of Rs.31,54,483/- along with interest @6% per annum from the date of filing of the claim application till the date of its realization after deducting Rs.50,000/- already paid to the claimants under Section 140 M.V. Act vide order dated 30.09.2010.

Learned counsel for the appellant- Bajaj Allianz General Insurance Co. Ltd. has submitted that as per the case of the claimants, Binod Kumar (deceased) was travelling in the night of 31.10.2009 on Scooter bearing Registration No.JH10R 3728 and as soon as he reached near Bank More Police Station at about 10 p.m., a truck bearing Registration No.BR 13G/2125 being driven rashly and negligently dashed him from back side causing his death on the spot. The postmortem of the dead body was conducted at PMCH, Dhanbad and on the basis of written report of Constable No.1217, Ravindra Shukla of Bank More Police Station, Dhanbad, Bank More P.S. Case No.941 of 2009 under Sections 279 and 304A of the Indian Penal Code was lodged against the driver of the said truck.

Learned counsel for the appellant has vehemently submitted that the impugned order is bad in law on the ground that the learned Tribunal without considering the document, Exhibit-H i.e. temporary permit No.32117/09 has awarded compensation against the Insurance Company though the permit was forged one.

Learned counsel for the appellant has further submitted that contributory negligence has not been considered by the learned Tribunal and the quantum of compensation has been granted without taking average of returns of three financial years of the deceased, as such, impugned award/judgment is bad in law law based on wrong facts.

Learned counsel for the appellant has further submitted that so far the permit is concerned, the witness of the Insurance Company i.e. D.W.2 (Kaushal Kishore Mishra) has stated regarding the same in Para 11 of his examination-in-chief to be forged bringing on record the letter issued by Deputy Transport Commissioner cum Secretary, North Chotanagpur, Regional Transport Authority, Hazaribag, as such, the right of recovery may be given in favour of the Insurance Company.

Considering such submission, let notice be issued to the owner of the offending vehicle/ respondent No.4 [Respondent No.4- Rajesh Kumar, S/o Jai Kishun Singh], under both process i.e. i.e. under Registered Cover with A/D as well as under ordinary process, for which requisites etc., must be filed within two weeks.

Put up this case after service of notice.

In the meantime, appellant- Bajaj Allianz General Insurance Co. Ltd. is directed to deposit two cheques/bank demand drafts, one with respect to Rs.15 lacs and another with respect to rest of the awarded amount along with interest awarded by the learned Tribunal, before the learned Executing Court within a reasonable period.

The learned Tribunal shall disburse Rs.15 lacs to the claimants after proper verification and the rest amount along with interest shall be kept in the fixed deposit so as not to cause any financial loss to the parties during pendency of the appeal.

(Kailash Prasad Deo, J.) Sandeep/