Bajaj Allianz General Insurance ... vs Suresh Mohli
2021 Latest Caselaw 816 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Civil Miscellaneous Appellate Jurisdiction)
                           M.A. No. 377 of 2019
                                 ......

Bajaj Allianz General Insurance Co. Ltd. ...... Appellant Versus

1. Suresh Mohli

2. Parwati Mahlin

3. Arun Kumar Mahto ......Respondents With M.A. No. 378 of 2019 ......

Bajaj Allianz General Insurance Co. Ltd. ...... Appellant Versus

1. Bobby Devi

2. Karan Mohli

3. Suresh Mohli

4. Parwati Mahlin

5. Arun Kumar Mahto ......Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) For the Appellant : Mr. Alok Lal, Advocate For the Respondents :

03/Dated: 19/02/2021.

Heard, learned counsel for the appellant. It appears that in compliance of order dated 06.01.2020, notices have been issued upon the respondents.

As per the office note (in M.A. No.377 of 2019), it appears that notices upon respondent nos.1 & 2 have been served through their daughter-in-law, which is kept at Flag-B and so far notice upon respondent no.3 is concerned, the same has been validly served, which is kept at Flag-C and as per office note in M.A. No. 378 of 2019, notice upon respondent no.1 has been served through her sister-in-law, notices upon respondent no.3 and respondent no.4 have been served through daughter-in-law and valid service report of respondent no.5 has been received, but service report with respect to respondent no.2 has not yet been received. Though the notices have been validly served upon the contesting respondents, but no one appears on behalf of the respondents.

Learned counsel for the appellant has submitted that stay petition vide I.A. No.31 of 2020 in M.A. No. 377 of 2019 and I.A. No.30 of 2020 in M.A. No.378 of 2019 may be heard as the notices have been validly served upon the respondents.

Learned counsel for the appellant has submitted that Insurance Company is ready to deposit award to the tune of Rs.9,27,200/- in M. A. No.377 of 2019 and

award to the tune of 13,05,200/- in M.A. No.378 of 2019 before the learned Tribunal within a period of 60 days from today (i.e. date of judgment) along with interest so as to grant stay, but the same may not be disbursed in favour of the claimants till they appear before this Court in the present Miscellaneous Appeals.

Considering such submissions, this Court is inclined to grant stay to the appellant on the conditions that the awarded amount along with interest shall be deposited within a period of 60 days before the learned Tribunal who shall keep the same in any Nationalized Bank so as not to cause any financial loss to any of the parties.

However, the awarded amount along with interest in both the aforesaid two appeals shall not be disbursed to the claimants during pendency of the appeal as the claimants have not appeared before this Court.

If the awarded amount along with interest in both the aforesaid two appeals is deposited within a period of 60 days, learned Tribunal shall not proceed and no coercive steps shall be taken in Execution Case No.100 of 2019 (M.A. No.377 of 2019) and in Execution Case No.101 of 2019 (M.A. No.378 of 2019) pending in the court of learned District Judge III Cum Motor Vehicles Accident Claims Tribunal, Dhanbad.

I.A. No.31 of 2020 and I.A. No.30 of 2020 are accordingly disposed of.

(Kailash Prasad Deo, J.) sandeep/