New India Assurance Co. Ltd vs Sukurmani Sardar
2021 Latest Caselaw 2195 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Miscellaneous Appellate Jurisdiction)
                          M.A. No. 684 of 2018
                                ......

New India Assurance Co. Ltd. ...... Appellant Versus

1.Sukurmani Sardar

2.Rajesh Sardar

3.Mangla Sardar

4.Sanatan Karuva

5.Md. Jamaluddin .......Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) For the Appellant : Mr. Manish Kumar, Advocate For the Respondent nos.1,2 & 3 : Mrs. Lokeshwari Banerjee, Advocate

04/Dated: 05/07/2021.

Heard, learned counsel for the parties.

The appellant- New India Assurance Co. Ltd. has preferred this Misc. Appeal against the award dated 27.04.2018 passed by learned District Judge-III-cum- Motor Vehicles Accident Claims Tribunal, Jamshedpur, in Compensation Case No.10 of 2017, whereby the claimants namely, 1.Sukurmani Sardar, 2.Rajesh Sardar and

3.Mangla Sardar have been awarded compensation to the tune of Rs.6,72,600/- in the name of applicant no.1 namely Sukurmani Sardar (mother of the deceased). Opposite Party- New India Assurance Co. Ltd. is further directed to draw two account payee cheques of 20% each of the compensation amount of Rs.6,72,600/- in the name of applicant no.2 namely, Rajesh Sardar, who is brother of the deceased and rest 20% in the name of applicant no.3 namely, Mangla Sardar, who is brother of the deceased. All cheques should be drawn with up to date interest @ 6% per annum from the date of filing of the claim case till payment and cheques should be handed over toi applicant within 30 days of the order. If amount has been paid to the applicants under Section 140 of the MV Act as ad-interim compensation should be deducted from the aforementioned awarded amount.

Learned counsel for the appellant/Insurance Company, Mr. Manish Kumar has submitted that since there is right of recovery in favour of the Insurance Company to recover the same from owner of the offending vehicle after satisfying the award, as such, he has been instructed by the Insurance Company to withdraw the appeal.

Learned counsel for the respondent nos.1, 2 and 3, Mrs. Lokeshwari Banerjee, has no objection.

Considering the same, the instant Miscellaneous Appeal is dismissed as

withdrawn without any interference in the impugned judgment with regard to right of recovery granted by the learned Tribunal.

The statutory amount deposited by Insurance Company for 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 part of the award to the claimants after due notice and verification.

The balance amount of the award in view of the award passed by the learned Tribunal shall be indemnified by the Insurance Company within a reasonable time as the accident is of dated 17.08.2016.

Accordingly, I.A. No.10321 of 2018 is hereby closed.

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