The Oriental Insurance Co. Ltd vs Vijay Baraik @ Vijay Kumar Baraik
2021 Latest Caselaw 2302 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     [Civil Miscellaneous Appellate Jurisdiction]
                              M.A. No. 509 of 2018
          The Oriental Insurance Co. Ltd.               .... .. ...          Appellant(s)
                                      Versus
          1.Vijay Baraik @ Vijay Kumar Baraik
          2. Ambika Prasad Sahu                                   .. ... ... Respondent(s)
                           ...........

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

       For the Appellant(s)            :    Mr. G.C. Jha, Advocate.
       For the Respondent(s)           :
                           ..........

04 / 09.07.2021. Heard, learned counsel for the appellant- The Oriental Insurance Co.

Ltd., Mr. G. C. Jha.

Learned counsel for the appellant has submitted that the appellant- The Oriental Insurance Co. Ltd. has preferred this Misc. Appeal against the Award dated 25.05.2018 passed by learned Presiding Officer, Motor Vehicles Accident Claims Tribunal (MACT), Ranchi, in Motor Accident Claim Case No.23 of 2010 wherein the physical disablement of applicant, Vijay Baraik @ Vijay Kumar Baraik was assessed by the Medical Board above 40% in his right lower limb shortened by 4" inches with flexion deformity at right knee in his locomotion system has been considered by the learned Tribunal as 100% functional disability and on the basis of that compensation has been awarded which is an apparent error on record.

Learned counsel for the appellant has further submitted that deduction has not been made with regard to amount already paid by the Insurance Company under Section 140 M.V. Act and the interest has been awarded also @9% per annum which ought to be @ 7.5% per annum in view of the judgment passed by the Apex Court in the case of Dharmpal and Sons vs. UP State Road Transport Corporation, reported in 2008(4) JCR 79 SC.

Considering such submissions, let notice be issued to the claimant/respondent, Vijay Baraik @ Vijay Kumar Baraik, S/o Digamber Baraik, permanent resident of Village- Bundu, Thana Toli, P.O. & P.S. Bundu, District- Ranchi under both process i.e. under Registered Cover with A/D as well as under ordinary process, for which, requisites etc., must be filed within two weeks.

Put up this case after service of notice.

(Kailash Prasad Deo, J.) Sandeep/