Jharkhand High Court
Jenet Herenj & Another vs Shree Manish Kumar & Another on 5 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 125 of 2014
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Jenet Herenj & Another .... ..... Appellants
Versus
Shree Manish Kumar & Another .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
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For the Appellants : None.
For the Respondent :
........
07/05.01.2021.
The appeal has been preferred by the claimants namely, Jenet
Herenj and Salomi Minz through their counsel Mr. Nirat Chandra
Banerjee against the Judgment / Award dated 09.10.2012 passed by
learned Presiding Officer, Motor Accident Claims Tribunal, Ranchi
in Compensation Case No. 339/2000 against Shree Manish Kumar,
P.H.E.D.S.D.O., S/o Shree Manoranjan Prasad Sinha, R/o Punaichak,
Patna at present residing at Doctor's Colony Quarter No. 4/A
R.M.C.H. behind Bariatu Police Station, Bariatu, P.S.-Bariatu,
District - Ranchi and National Insurance Co. Ltd. as injured Raj
Kumar Herenj sustained injuries by Maruti Car bearing registration
no. BR-14D-6287 and subsequently the said injured died.
When the matter is called out, nobody appeared on behalf of
the appellants.
From perusal of impugned judgment / award, it appears that
the compensation to the tune of Rs. 71,000/- has been awarded
jointly to Jenet Herenj, wife of Late J. Herenj and Salomi Minz, wife
of Late Raj Kumar Herenz along with interest @ 6% per annum
from the date of admission of application filed under Section 166 of
the M.V. Act i.e. 16.02.2012 till the date of realization.
The award has been passed against the Insurance Company.
It appears that earlier the notice has been issued to the
respondent no. 1, but it appears that because of not finding of the
noticee at the address, the matter is lingering since long.
From perusal of record, it appears that though the award has
been passed against the Insurance Company, but no copy has been
served upon the learned counsel for the National Insurance Company
Ltd., though their lawyers are appearing before this Court.
Under the aforesaid circumstances, office is directed to serve
two copies of memo of appeal and the impugned order upon Mr.
Manish Kumar within a period of two weeks, so as to seek
instruction from the National Insurance Company as the Motor
Vehicles Act is benevolent legislation and even if the counsel for the
appellants is not appearing, this Court may decide the case on merits
considering it to be just and fair compensation to the victims.
Counsel for the National Insurance Company Ltd., Mr. Manish
Kumar is directed to seek instruction from the National Insurance
Company Ltd. within a further period of four weeks.
Put up this case after eight weeks.
Office is also directed to inform learned counsel for the
appellants regarding the instant case, as he is not appearing today.
(Kailash Prasad Deo, J.)
Sunil/-
