The Divisional Manager vs Md. Mustafa Ansari @ Md. Mustafa & ...
2021 Latest Caselaw 749 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    [Civil Miscellaneous Appellate Jurisdiction]
                            M.A. No. 183 of 2015
         The Divisional Manager, the Oriental Insurance Company Ltd.
                                                       .... .. ...          Appellant(s)
                                    Versus
         Md. Mustafa Ansari @ Md. Mustafa & Anr.                 .. ... ... Respondent(s)
                         ...........

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

      For the Appellant(s)           :    Mr. G. C. Jha, Advocate.
      For the Respondent No.1 :           Mr. A. K. Lall, Advocate
                         ..........

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

The appellant- the Oriental Insurance Company Ltd. Ltd. has preferred this Misc. Appeal against the judgment/award dated 28.11.2014 passed by learned Presiding Officer, M.A.C.T., Ranchi, in Compensation Case No.54(T) 2001.

Learned counsel for the appellant has submitted that the learned Tribunal has awarded excess amount of compensation under different headings in a case of injury without specifying the nature of permanent injury. To substantiate his argument, some documents have to be relied upon, as such, this case may be heard after physical court starts.

Learned counsel for the claimant/respondent has submitted that in the said accident, one Ajabul Ansari @ Ajabul Haque lost his life, the Insurance Company has paid compensation in case of death, but the Insurance Company is not paying the compensation amount awarded by the learned Tribunal on 28.11.2014 for an accident dated 19.05.1999 and the claimant is a poor sufferer because of financial crisis, as such, the instant Misc. Appeal may be heard.

Considering rival submissions of the parties, it appears that compensation amount has been awarded by the learned Tribunal to the tune of Rs.8,29,000/- after deducting the amount if any paid under Section 140 M.V. Act along with interest @9% from the date i.e. 10.08.2010. Order sheet dated 08.04.2010 shows that the delay of more than 5 years was on account of the claimant and therefore, interest shall be payable from 10.08.2010 till the date of payment which shall be made within one month from the date of receipt of the copy of the judgment, failing which, 12% interest shall be payable from the date of judgment.

This Courts directs the appellant- the Oriental Insurance Company Ltd. to deposit a sum of Rs.4 Lacs to the Executing Court within a period of 60 days which shall be disbursed in favour of the claimant after due verification.

Put up this case for "Final Hearing" within one week after the Physical Court starts.

It is made clear that interim compensation has been granted subject to the final result of the instant Misc. Appeal, as the incident occurred in the year 1999 and till date not a single farthing has been paid to the claimant.

(Kailash Prasad Deo, J.) Sandeep/