Jharkhand High Court
Smt. Sundri Devi vs Md. Nezam & Another on 15 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 329 of 2014
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Smt. Sundri Devi .... ..... Appellant
Versus
Md. Nezam & Another .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Sahdab Eqbal, Advocate.
For the Respondents :
........
07/15.01.2021.
Learned counsel, Mr. Sahdab Eqbal on the instruction of
learned counsel for the appellant, Mr. Shaukat Eqbal has submitted
that the claim application of the appellant has been dismissed by the
learned Tribunal on the ground that the name of the owner of the
offending vehicle has not been mentioned in the charge-sheet, though
the offending vehicle Trekker bearing registration No. BHO-7017
was driven negligently by the driver and also on the ground that
because of non-appearance of the opposite party / owner and no chit
of paper has been produced to prove that the said Trekker bearing
registration no. BHO-7017 was duly insured before the National
Insurance Company (respondent no. 2), as such, Insurance company
cannot be held liable to pay the compensation.
Learned counsel for the appellant has submitted that now the
poor claimant is also not in contact so as to comply the order dated
07.01.2020 passed by the Coordinate Bench of this Court with regard
to the substituted service of notice under Order V Rule 20 C.P.C.
upon respondent no. 1.
Nobody appears on behalf of the respondents.
Under the aforesaid circumstances, appellant is directed to
serve two copies of memo of appeal along with impugned Award and
I.A. No. 4943/2014 upon learned counsel, Mr. Amresh Kumar, who
normally appears for the National Insurance Company Limited.
It is unfortunate to see such judgment while the learned
Tribunal while adjudicating the issue has dismissed the claim
application on the ground that the name of owner of the offending
vehicle has not been mentioned in the charge-sheet. As per the
record, if the vehicle is registered, then its owner name can be taken
from the concerned District Transport Officer. However, in this case,
the appellant has made Md. Nezam, son of Md. Siddique, resident of
Village - Chainagadh, P.O. & P.S. - Bhurkunda, District - Hazaribag
(owner of Trekker No. BHO-7017) as party and because of his non-
appearance, the document with regard to the offending vehicle and
insurance policy paper cannot be brought on record.
Under the aforesaid circumstances, Office is directed to issue
notice to respondent no. 1, namely, Md. Nezam, son of Md.
Siddique, resident of Village - Chainagadh, P.O. & P.S. - Bhurkunda,
District - Hazaribag (owner of Trekker No. BHO-7017) through the
Officer-in-Charge, Bhurkunda P.S., who is directed to execute
bailable warrant of arrest with two sureties of Rs. 5,000/- each upon
respondent no. 1, who deliberately not appeared in the claim case
and the poor claimant in a benevolent legislation is sufferer.
Superintendent of Police, Ramgarh is directed to ensure the
appearance of Md. Nezam before this Court by 15.02.2021.
Learned counsel for the Insurance Company is directed to
inquire from the Insurance Company about the insurance policy
paper of the Offending Vehicle.
Put up this case in the month of March, 2021.
(Kailash Prasad Deo, J.)
Sunil/-
