Jharkhand High Court
Dewa Mahto @ Dewa Yadav vs Sri Bhairo Singh on 19 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 367 of 2014
1.Dewa Mahto @ Dewa Yadav
2.Bishwanath Yadav
3.Thanu Yadav .... .. ... Appellant(s)
Versus
1.Sri Bhairo Singh
2.Shri Raj Devi @ Smt. Dhiraj Devi
3.National Insurance Company Ltd., Hazaribagh
.. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. Vijay Kumar Sharma, Advocate.
For the Respondent : Mr. Pratyush Kumar, Advocate
..........
05 / 19.02.2021. Heard, learned counsel for the parties.
The appellants/claimants, (1) Dewa Mahto @ Dewa Yadav,
(2)Bishwanath Yadav and (3) Thanu Yadav have preferred this Misc. Appeal against
the award dated 26.05.2014 passed by learned District Judge-cum- Addl. Claim
Tribunal II, Chatra, in Claim Case No.02/2002, whereby the learned Tribunal has
granted compensation to the tune of Rs.1,81,800/- minus amount of Rs.50,000/- paid
under Section 140 M.V. Act i.e. Rs.1,31,800/- to be paid within one month of the
Award, failing which, the Insurance Company is liable to pay interest @7% simple
from today (i.e. date of judgment) till the date of realization of the amount.
Learned counsel for the appellants has submitted that the instant Misc.
Appeal has been preferred with a delay of 09 days and for condonation of the same,
I.A. No.4850 of 2014 has been preferred.
Learned counsel for the appellants has further submitted that the learned
Tribunal has considered less income of the deceased i.e. Rs.1500/- per month
contrary to the evidence brought on record with regard to Rs.2,000/- per month.
Deceased died at the age of 55 years in a motor vehicle accident caused by Tractor
bearing Registration No.BR-13B 1108 which was duly insured before the respondent
No.3- National Insurance Company Ltd, as such, this Court may hear the instant
Misc. Appeal in absence of the owner of the offending vehicle as the Insurance
Company has not preferred any appeal for shifting the liability upon the owner of the
offending vehicle.
Learned counsel for the appellants has further submitted that under the
conventional head, instead of Rs.70,000/- in view of the judgment passed by the
Apex Court in the case of National Insurance Company Ltd. vs. Pranay Sethi,
reported in (2017) 16 SCC 680 at Para 59.8, the learned Tribunal has only granted
amount of Rs.30,000/-.
Learned counsel for the appellants has further submitted that in view of
Section 171 M.V. Act coupled with the judgment passed by the Apex Court in the
case of Dharmpal and Sons vs. UP State Road Transport Corporation, reported in
2008(4) JCR 79 SC, the interest ought to have been granted from the date of
institution, as the learned Tribunal has not specified any reason against the
claimants/appellants for pendency of the claim case, as such, the reasoning assigned
by the learned Tribunal is bad in law.
Learned counsel for the respondent- National Insurance Company Ltd. has
submitted that the vehicle was insured before the National Insurance Company Ltd,
as such, appeal can be heard even in absence of appearance of the owner of the
offending vehicle, but has submitted that there is a delay of 09 days in preferring the
appeal.
Learned counsel for the respondent- National Insurance Company Ltd. has
further submitted that so far interest is concerned, L.C.R. is necessary so as to
explain the reasons for the delay which has been considered by the learned Tribunal
against the claimants.
Considering the submission of the parties, this Court is inclined to condone the
delay of 09 days in preferring the instant Misc. Appeal and thus, delay of 09 days in
preferring the instant Misc. Appeal is hereby condoned.
I.A. No. 4850 of 2014 stands disposed of.
M.A. No. 367 of 2014
The instant Misc. Appeal is Admitted.
Call for the L.C.R.
Put up this case in the monthly cause list of March, 2021 under the
heading for "Hearing".
(Kailash Prasad Deo, J.)
Sandeep/
