Jharkhand High Court
New India Assurance Co. Ltd vs Narayani Bhattacharjee & Others on 5 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 106 of 2014
........
New India Assurance Co. Ltd. .... ..... Appellant
Versus
Narayani Bhattacharjee & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Alok Lal, Advocate.
For the Respondent No. 1 : Mr. S.K. Laik, Advocate.
........
06/05.01.2021.
Heard, learned counsel for the appellant, Mr. Alok Lal.
Learned counsel for the appellant has submitted that the appeal
has been preferred against the judgment dated 10.09.2013 passed by
learned District Judge-III-cum-Motor Vehicle Accident Claims
Tribunal, Dhanbad, in Title (M.V.) Suit No. 138/2007, whereby the
claim application under Section 163-A of M.V. Act was allowed and
Insurance Company / appellant was directed to pay compensation to
the tune of Rs. 5,00,856/- to the plaintiff / respondent no. 1 along
with simple interest @ 6% per annum from the date of filing of the
claim application till the realization of the amount of compensation.
The appeal has been filed with a delay of 84 days and for
condonation of delay I.A. No. 1561/2014 has been preferred.
Learned counsel for the appellant has submitted that
respondent no. 1 namely, Narayani Bhattacharjee has died leaving
behind her following heirs:
A) Sanjay Bhattacharjee - Son
B) Sauvik Bhattacharjee - Son
C) Sampa Bhattacharjee - Daughter
D) Supta Banerjee - Daughter
All residing at Thana Road, (Near Idgah), P.O. & P.S. - Jharia,
District - Dhanbad.
Learned counsel for the appellant has submitted that though
the Execution Case No. 64 of 2015 has been stayed in terms of order
dated 10.04.2018 by depositing the amount of Rs. 6,00,000/-, as
such, notice may be issued to the proposed substituted legal heirs.
Learned counsel for the respondent no. 1, Mr. S.K. Laik has
submitted that he has no instruction about the death and if
respondent no. 1 has already been died then, he is not sure whether
he is competent to appear on behalf of the proposed legal heirs or not
unless and until the proposed legal heirs of respondent no.1 have
executed Vakalatnama by which authorizing him to appear.
Learned counsel for the respondent no. 1 has further submitted
that details of death of respondent no. 1 - Narayani Bhattacharjee
has not been given nor the date of death of respondent no. 1 has been
mentioned in the I.A. and the appeal might have been abated because
of non-filing of substitution petition within 90 days of death of
respondent no. 1 - Narayani Bhattacharjee, as such, notice may be
issued.
Let notice be issued to the proposed legal heirs of respondent
no. 1, as mentioned above, as well as upon respondent no. 2 in
limitation matter, substitution matter as well as in admission matter,
under both process i.e. under registered cover with A/D as well as
under ordinary process, for which requisites etc. must be filed within
two weeks.
(Kailash Prasad Deo, J.)
Sunil/-
