Jharkhand High Court
National Insurance Company ... vs Dhanuva Munda on 22 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 408 of 2015
National Insurance Company Limited, .... .. ... Appellant(s)
Versus
1. Dhanuva Munda
2. Hirni Devi
3. Devendra Prasad @ Devendra Kashayap
4. Kapil Nath Sahu .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. Alok Lal, Advocate.
For the Resp. Nos.1 & 2 : Mr. Rajiv Anand, Advocate.
..........
04/22.02.2021.
Heard, learned counsel for the parties.
2. The appellant- National Insurance Company Limited has preferred this
Misc. Appeal against the judgment dated 20.03.2015 passed by learned
Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi, in
Compensation Case No.13 of 2010, whereby the learned Tribunal has
awarded compensation to the claimants namely, 1. Dhanuva Munda and 2.
Hirni Devi to the tune of Rs.5,03,000/- (rounded to Rs.5,00,000/-) after
deducting the amount, if any paid under Section 140 of the MV Act along
with interest @9% per annum from the date of admission of the claim
application i.e. 22.02.2010 till the date of payment which shall be made
within one month from the date of receipt of copy of the award, failing
which, the interest @ 12% per annum shall be paid to the claimants from the
date of judgment.
3. Learned counsel for the appellant has submitted that impugned
award has not been preferred against the quantum of compensation in view
of the judgment passed by the Apex Court in the case of Ranjana Prakash &
Ors. vs. Divisional Manager & Anr., reported in 2011 (14) SCC 639 para 8 ,
rather the appeal has been preferred against the finding recorded by the
learned Tribunal that driving licence of driver of the offending vehicle was
valid and proper and there is no violation of terms and conditions of the
insurance policy though the Insurance Company has taken a plea in the
written statement filed before the learned Tribunal, but the learned Tribunal
has given an erroneous finding as the bus was overcrowded.
4. Learned counsel for the respondent/claimants has submitted that in
view of the judgment passed by the Apex Court in the case of National
Insurance Company Limited vs. Anjana Shyam & Ors., reported in 2007
(7)SCC 445, the issue with regard to overcrowd will not be of any relief to
the Insurance Company. So far driving licnece is concerned, in absence of
any material brought on record by the Insurance Company, the finding
recorded by the learned Tribunal may not be interfered by this Hon'ble
Court.
5. Considering rival submissions of the parties and looking into the facts
and circumstances of the case, since the quantum of compensation has not
been assailed, this Court restrains itself from interfering with the impugned
judgment regarding the same in view of the judgment passed by the Apex
Court in the Case of Ranjana Prakash (supra).
6. So far the issue with regard to overcrowding is concerned, the
judgment passed by the Apex Court in the Anjana Shyam (supra) is not
going to grant any relief to the appellant. So far driving licence is concerned,
no contrary evidence has been brought on record, as such, this Court is not
inclined to interfere with the same as also no appeal has been preferred by
the claimants for enhancement of the award.
The instant Misc. Appeal stands dismissed.
7. The statutory amount deposited by the Insurance Company before this
Court while preferring the appeal shall be remitted to the learned Tribunal
by the learned Registrar General of this Court within a period of four weeks
so as to indemnify part of the awarded amount and the balance amount shall
be paid by the Insurance Company within a reasonable time as the accident
taken place on 24.07.2009.
8. Let the copy of LCR be sent down at once.
(Kailash Prasad Deo, J.)
R.S./
