M/S United India Insurance Co. ... vs Bijay Singh
2021 Latest Caselaw 850 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      (Civil Miscellaneous Appellate Jurisdiction)
                            M.A. No. 506 of 2014
       M/s United India Insurance Co. Ltd. through Divisional Manager, Rajhans
       Mansion, Dhanbad                                  .... .. ...          Appellant(s)
                                      Versus
       1. Bijay Singh
       2. Sheela Devi
       3. Smriti Devi
       4. Pihu Kumari
       5. Sri Radhey Shyam Kumar                                   .. ... ... Respondent(s)
                           ...........

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

For the Appellant(s) : Mr. D.C. Ghosh, Advocate. For the Respondent(s) : Mr. Rajiv Karan, Advocate.

Mr. M.B. Lal, Advocate ..........

05/22.02.2021.

Heard, learned counsel for the parties.

2. The appellant- United India Insurance Co. Ltd. has preferred this Misc. Appeal against the judgment dated 12.09.2014 passed by learned District Judge -III-cum-M.A.C.T., Dhanbad in Title (M.V.) Suit No.23/2013, whereby claimants namely, 1. Bijay Singh, 2. Sheela Devi, 3. Smriti Devi and 4. Pihu Kumari have been awarded compensation to the tune of Rs.21,85,500/- minus Rs.50,000/- already paid under Section 140 of the MV Act i.e. Rs.21,35,500/- along with interest @ 7% per annum from the date of filing of the claim application till the date of realization.

3. Learned counsel for the appellant has submitted that on various grounds, the present miscellaneous appeal has been preferred by the Insurance Company, but due to subsequent development taken place because of judgment passed by the Apex Court, the Insurance Company does not want to press this appeal.

4. Learned counsel for the claimants/respondents has further submitted that they have not preferred any appeal for enhancement of the award though meager amount as compensation has been granted by the learned Tribunal.

5. Considering the same, the instant appeal is dismissed as not pressed.

6. 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 16.11.2012.

7. I.A. No.4457 of 2016 stands closed as the main appeal has already been dismissed as withdrawn.

(Kailash Prasad Deo, J.) Sandeep/