Mohit Kumar vs Shiv Kumar & Others
2021 Latest Caselaw 2251 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 192 of 2018
                         ........

Mohit Kumar                          ....        ...... Appellant
                             Versus
Shiv Kumar & Others                 ....          ..... Respondents

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

For the Appellant : Mr. Shashank Shekhar, Advocate. For the Respondent No.3 : Mr. Pratiyush Kumar, Advocate.

........

06/07.07.2021.

Heard, learned counsel for the appellant, Mr. Shashank Shekhar and learned counsel for the respondent no. 3 - National Insurance Company Limited, Mr. Pratiyush Kumar.

Learned counsel for the appellant has submitted that appellant Mohit Kumar has suffered injuries, for which he has been awarded compensation to the tune to Rs. 2,86,763.83 vide judgment dated 31.10.2017 passed by learned District Judge-II-cum-Presiding Officer, Motor Accident Claim Tribunal (M.A.C.T.), Bokaro in Title Motor Vehicle Suit No. 58/2009, to be paid within one month from the date of passing of the order, failing which Insurance Company shall be liable for penal interest @ 6% per annum from the date of award till its realization.

Learned counsel for the appellant has submitted that out of Rs. 2,86,763.83, the medical expenses is Rs. 1,86,763.83 and as such, the learned Tribunal has only granted Rs. 1,00,000/- as compensation to the injured for damage for pain, suffering and trauma as a consequences of grievous injury, loss of amenities and loss of enjoyment, as such, the compensation amount may be enhanced.

Learned counsel for the appellant has further submitted that there is delay of 61 days in filing the instant miscellaneous appeal and for condonation of the same, I.A. No. 3062/2018 has been preferred.

Learned counsel for the National Insurance Company Limited, Mr. Pratiyush Kumar has submitted that the matter may be referred before the National Lok Adalat, scheduled to be held on 10.07.2021, so as to arrive at settlement in this case.

Considering such prayer, the delay in filing the instant miscellaneous appeal is hereby condoned. Accordingly, I.A No. 3062/2018 is allowed.

Let this appeal be referred before National Lok Adalat, scheduled to be held on 10.07.2021.

The Member Secretary, JHALSA is directed to look into the matter and list this case for settlement before National Lok Adalat.

(Kailash Prasad Deo, J.) Sunil/-