National Insurance Co. Ltd. vs Smt. Palki Hansda
2021 Latest Caselaw 348 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        (Civil Miscellaneous Appellate Jurisdiction)
                           M.A. No. 340 of 2014
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National Insurance Co. Ltd., Jamshedpur, East Singhbhum ...... Appellant Versus

1.Smt. Palki Hansda

2. Minor Vikash Hansda

3. Minor Parvati Hansda

4.Minor Rakesh Hansda

4. (a) Minor Mukesh Hansda

5. Parimal Pachal ......Respondents

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

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      For the Appellant                   : Mr. D.C. Ghosh Advocate
      For the Respondents                 : Mr. Nagmani Tiwari, Advocate
                                  ......
07/Dated: 22/01/2021.
             Heard, learned counsel for the parties.

The National Insurance Co. Ltd. has preferred this Miscellaneous Appeal against the award dated 02.06.2014, passed by learned District Judge-III-cum- Motor Vehicles Accident Claims Tribunal, Jamshedpur in Compensation Case No.12 of 2012, whereby the claimants namely, Smt. Palki Hansda, Minor Vikash Hansda, Minor Parvati Hansda, Minor Mukesh Hansda and Minor Rakesh Hansda have been awarded compensation to the tune of Rs.5,80,000/- and deduct Rs.50,000/- as paid under Section 140 of M.V. Act, thus, total compensation comes to Rs.5,30,000/- along with interest @ 9% per annum from the date of filing of the claim case within 30 days from the date of award. Learned counsel for the appellant has submitted that though the notice has been issued upon the respondent no.5 (Parimal Pachal), owner of the vehicle, father's name not known to the applicant, Kumhatu Basti, Ghorabandha, P.O. Telco & P.S. Telco, Jamshedpur, East Singhbhum, but owner did not contest the claim case, though learned Tribunal at para 10 of the impugned judgment has given right of recovery to the Insurance Company from the owner of the vehicle, as such, this Miscellaneous Appeal may be disposed of, as the date of occurrence is 26.11.2011, when deceased- Sonia Hansda died in an accident because of rash and negligent driving by the driver of the offending vehicle bearing registration no.OR-05V-1485.

Learned counsel for the appellant has further submitted that the vehicle was insured, but there is violation of terms and conditions of the Insurance policy, as such, there is breach of Section 149(2) of the M.V. Act and it has

been rightly appreciated by learned Tribunal by granting right of recovery against the owner of the offending vehicle in favour of the Insurance Company.

Learned counsel for the appellant has further submitted that interest has been exorbitantly paid @ 9% per annum, which may be reduced to 7.5% per annum.

Learned counsel for the respondents/claimants has submitted that no appeal has been preferred by the claimants for enhancement of the award dated 02.06.2014 passed by learned District Judge-III-cum- Motor Vehicles Accident Claims Tribunal, Jamshedpur in Compensation Case No.12 of 2012 and the poor claimants are sufferer because of pendency of the appeal, as such, appeal may be decided.

On the submission made by the learned counsel for the appellant, on the part of interest i.e. @ 9% per annum awarded from the date of filing of the claim case, this Court is not inclined to interfere with the impugned award, as quantum of compensation is just and fair.

So far right of recovery is concerned, it appears from para 10 of the impugned judgment that after payment of compensation amount to the applicants O.P.- Insurance Company can recover it from the owner of the offending vehicle, since no appeal has been preferred by the owner of the vehicle, this Court is not inclined to interfere with the same. Accordingly, the instant Miscellaneous Appeal is hereby dismissed on merits without interference in the impugned judgment passed by the learned Tribunal.

Insurance Company is directed to indemnify the impugned award within a reasonable period after deducting the amount already paid, if any, as the occurrence is of the year, 2011.

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 the award, if not indemnified till date.

sandeep/R.S/                                                      (Kailash Prasad Deo, J.)