Jharkhand High Court
The Divisional Manager vs Smt. Kalpana Sharma on 5 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 175 of 2014
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The Divisional Manager, National Insurance Company Limited, Dhanbad
...... Appellant (s)
Versus
1. Smt. Kalpana Sharma
2. Sri Pawan Kumar Sharma ......Respondent(s)
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
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For the Appellant(s) : Mr. Manish Kumar, Advocate
For the Respondent(s) :
......
07/Dated: 05/01/2021.
Heard, learned counsel for the appellant.
The National Insurance Company Limited has preferred this appeal against
the interim award passed by the learned District Judge-IV-cum-MACT Judge,
Dhanbad in T(M.V) Case No.171 of 2013 whereby the claimant, Smt. Kalpana
Sharma has been awarded interim compensation to the tune of Rs.50,000/- under
Section 140 of the MV Act .
Learned counsel for the appellant has submitted that on 30.11.2010 at about
7:00 P.M. the deceased- Sonu Kumar Sharma was travelling by Hero Honda
Motorcycle bearing registration No.Jh-10U-0383 (which belongs to his brother-
in-law namely, Mr. Pawan Kumar Sharma) from Barkattha to Maithan and when
he reached at Village- Madaidih he was hit by unknown truck on G.T. Road due
to which Sonu Kumar Sharma sustained grievous injury and died in-course of
treatment at Bokaro General Hospital, Bokaro.
Learned counsel for the appellant has further submitted that FIR has been
lodged vide Topchanchi P.S. Case No.116 of 2010 dated 01.12.2010, under
Sections 279, 338 and 427 IPC against the driver of the unknown truck and
against the motorcycle rider. The investigation was launched and concluded in
final form.
Learned counsel for the appellant has further submitted that though it is a
case of hit and run by unknown offending truck, but the motorcycle bearing
registration no. JH-10U-0383 on which deceased- Sonu Kumar Sharma was
riding was insured before the appellant- Insurance Company i.e. National
Insurance Company Ltd. vide Policy No. 170304/31/10/6200001562 for the
period from 17.11.2010 to 16.11.2011.
Learned counsel for the appellant has further submitted that Insurance
Company can only be fastened with the liability under the personal Assurance
scheme as the offending truck was unknown and it is a case of hit and run, as
such, in view of the judgment passed by the Hon'ble Apex Court in the case of
Ramkhiladi vs. The United India Insurance Company Limited, reported in 2020
(2) SCC 550, the maximum compensation which can be awarded under the
personal Assurance scheme is Rs.1 lac for which the premium has been paid to
the Insurance Company, but the learned Tribunal has directed to pay the interim
compensation against the appellant which is not sustainable in the eyes of law
which should have been awarded against the offending vehicle, but as the
offending vehicle was unknown it should have been awarded by the state under
the hit and run scheme.
Considering such submission of the appellant, this Court is not inclined to
interfere with the impugned award as interim order has been passed under Section
140 of the MV Act granting amount of Rs.50,000/- to the claimant.
Accordingly, the instant appeal being devoid of merit is hereby dismissed.
However, the appellant is at liberty to agitate the issue in the main
application, if filed by the claimant under Section 166 of the MV Act. If the claim
application has not been filed under Section 166 MV Act, it is incumbent upon
the District Legal Services Authority to enquire into the matter that whether
claimant- Smt. Kalpana Sharma needs some legal aid? and act in accordance with
law.
The statutory amount deposited by the appellant at the time of filing of the
instant appeal shall be remitted to the court below for disbursement or
indemnifying the part of the award by the learned Tribunal to the claimant- Smt.
Kalpana Sharma after proper verification and identification and the Insurance
Company shall also pay Rs.25,000/- in favour of the claimant within a period of
90 days from today.
(Kailash Prasad Deo, J.)
sandeep/R.S-
