Suman Kumari vs Ashok Kumar Roy & Ors
2021 Latest Caselaw 2225 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Civil Miscellaneous Appellate Jurisdiction)
                       M.A. No. 356 of 2018
      Suman Kumari                              ....... Appellant
                              Versus
      Ashok Kumar Roy & Ors.                    ......Respondents

      CORAM:          HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                      (Through : Video Conferencing)
      For the Appellant               : Mr. Shekhar Prasad Sinha, Advocate
      For the Respondents
04/Dated: 06/07/2021.

Heard, learned counsel for the appellant/claimant, Mr. Shekhar Prasad Sinha.

The claimant, Suman Kumari has preferred this miscellaneous appeal against the order dated 28.03.2018 passed by learned Principal District Judge, Presiding Officer, Motor Accident Claims Tribunal, Dhanbad, in Motor Accident Claim Case No.320/2017 whereby the claim application filed by the claimant, Suman Kumari has been dismissed.

Learned counsel for the appellant/claimant has submitted that the claim application has been dismissed mainly on two counts:-

(i) That accident took place in the year, 2011 whereas the claim application was filed in the year, 2017.

(ii) That in the FIR bearing Jharia P.S. Case No.304 of 2011, corresponding to G.R. No.2628 of 2011 as well as in the chargesheet nowhere it has been mentioned that Meghnath Rajak was injured in the accident and lost his life in the hospital.

Learned counsel for the appellant has further submitted that injured was shifted to hospital, as such, his name has not been mentioned in the FIR, which relates to collision/dashing of two auto-rickshaw bearing registration Nos.JH- 10S-4982 and JH-10V-2604 with each other. Since the passengers are not related with each other, as such, persons have not disclosed the name of the injured, Meghnath Rajak.

Learned counsel for the appellant has relied upon the death certificate, which has been brought on record as Annexure-4 to the memo of appeal and Dead Body Carrying Certificate issued from the Department of Forensic Medicine contained in postmortem report no.1743 of 2011 dated 28.08.2011, which has been brought on record as Annexure -5 to the memo of appeal.

Learned counsel for the appellant has further submitted that while

adjudicating the claim under Section 140 of the MV Act in MV Claim Case No.371 of 2016, the co-ordinate Tribunal has directed the Insurance Company to pay ad-interim compensation amount to the tune of Rs.50,000/- in terms of interim award dated 19.06.2017 passed by learned District Judge-XVI-cum- Presiding Officer, Motor Accident Claims Tribunal, Dhanbad, as such, this plea is not available to the Insurance Company to agitate the same.

Learned counsel for the appellant has further submitted that had the police followed the Principles laid down by the Apex Court in the case of Jai Prakash Vs. National Insurance Co. Ltd., reported in 2010 (2) SCC 607 at para 42, in such benevolent legislation, claimant would not have come before this court, but because of inaction on the part of the authorities of the State of Jharkhand, such issues are being cropped up in the Court. Under the aforesaid circumstances, notice may be issued to the Insurance Company and record of M.V. Claim Case No.371 of 2016, disposed of on 19.06.2017 along with record of Motor Accident Claim Case No.320 of 2017 disposed of on 28.03.2018 may be called for from concerned learned Tribunal at Dhanbad.

Considering the same, learned counsel for the appellant/claimant is directed to serve two copies of memo of appeal along with other relevant documents upon learned counsel, Mr. Manish Kumar, who normally appears for the New India Assurance Co. Ltd.

Learned counsel, Mr. Manish Kumar is directed to verify the facts of this case from the Insurance Company as it is a benevolent legislation.

Let the appeal be listed on 20.07.2021.

In the meantime, call for the record of M.V. Claim Case No.371 of 2016, disposed of on 19.06.2017 along with record of Motor Accident Claim Case No.320 of 2017 was disposed of on 28.03.2018 from concerned learned Tribunal at Dhanbad.

Let a copy of this order be communicated through FAX to the learned Principal District Judge-cum-Executive Chairman, District Legal Services Authorities, Dhanbad as well as Secretary, District Legal Services Authorities, Dhanbad to look into such matters, in view of the judgment passed by the Apex Court in the case of Jai Prakash (Supra) forthwith.

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