Jharkhand High Court
The New India Assurance Company ... vs Manju Karwa & Ors on 5 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 315 of 2014
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The New India Assurance Company Limited ...... Appellant (s)
Versus
Manju Karwa & Ors. ......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) : Mr. Anjani Kumar, Advocate
......
08/Dated: 05/01/2021.
Appellant- New India Assurance Company Limited has preferred this
appeal against the award dated 28.03.2014 passed by the learned District
Judge-II-cum-M.V.A.C.T., West Singhbhum at Chaibasa in Compensation
Case No.34 of 2009 whereby the claimants (Manju Karwa, Minor Shiv
Shankar Karwa & Minor Geeta Karwa) have been awarded compensation to
the tune of Rs.4,22,000/- along with simple interest @ 9% per annum from the
date of filing of the claim application till the date of realization from O.P. No.3
(New India Assurance Co. Ltd).
Learned counsel for the appellant has submitted that as per the FIR which
has been marked as Exhibit-1, the deceased was a labourer of Bhim Sen Gope,
who is informant of the FIR of Haatgamharia P.S. Case No. 17 of 2008 dated
11.04.2008.
Learned counsel for the appellant has further submitted that considering
the Exhibit-1, the deceased was a gratuitous passenger for which Insurance
Company cannot be held liable as the owner of the insured vehicle has not
complied with the terms and conditions of the policy.
Learned counsel for the appellant has further submitted that in the case of
Oriental Insurance Company Ltd. Vs. Premlata Shukla, reported in (2007) 8
SCC 476, this issue has already been dealt with and similar matter is also
pending before this Court, which has been posted after the physical court
starts, as such, this matter also be heard on the same date.
Learned counsel for the respondent/claimants, Mr. Anjani Kumar is present
in the Court.
Learned counsel for the appellant has further submitted that in terms of
order dated 16.08.2018 passed in I.A. No. 6373 of 2018, the appellant has
already been deposited Rs.6,00,000/- by two cheques i.e. one of Rs.5,00,000/-
and another of Rs.1,00,000/- in favour of the claimants in the Executing Court
and out of which Rs.5 lacs has already been disbursed in favour of the
claimants, as such, the issue may be decided along with other cases.
Learned counsel for the claimants has submitted that the matter may be
posted after the physical court starts and decided the case of deceased to be a
gratuitous passenger or not in view of the judgment passed by the Hon'ble
Apex Court in the case of Premlata Shukla (Supra).
Learned counsel for the respondent/claimants has further submitted that
analogous matter is also pending before this Court vide M.A. No.459 of 2016
and M.A. No.462 of 2016, as such, all the appeals may be heard together.
Considering the rival submissions of the parties, put up this case along
with M.A. No.459 of 2016 and M.A. No.462 of 2016 in the month of January,
2021 as on the same date when M.A. No.209 of 2011 is to be listed.
(Kailash Prasad Deo, J.)
sandeep/R.S-
