Jharkhand High Court
Bajaj Allianz General Insurance ... vs Birsi Orain & Others on 9 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 45 of 2020
........
Bajaj Allianz General Insurance Co. Ltd. .... ..... Appellant
Versus
Birsi Orain & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Alok Lal, Advocate.
For the Respondents :
........
03/09.07.2021.
Appellant - Bajaj Allianz General Insurance Company Limited
has preferred this appeal against the Award dated 05.08.2019 passed by
learned Presiding Officer, Motor Vehicles Accident Claims Tribunal,
Ranchi in Motor Accident Claim Case No. 04/2015, whereby claimants
namely, (1) Birsi Orain, W/o Late Sukra Oraon @ Sanjay Oraon, (2)
Sheela Kumari, D/o Late Sukra Oraon @ Sanjay Oraon, (3) Anish
Oraon, S/o Late Sukra Oraon @ Sanjay Oraon, (4) Nitu Kumari, D/o
Late Sukra Oraon @ Sanjay Oraon, (5) Chhudi Oraon, S/o Late Ghuja
Oraon and (6) Tiito Orain, W/o Chhudi Oraon (Claimant nos. 2, 3 and
4 are minors represented through their mother claimant no. 1, guardian
and next friend), all resident of Village-Danday Hehal, P.S. - Ratu,
District - Ranchi, have been awarded compensation to the tune of Rs.
17,33,600/- to be paid within 30 days from the date of Award along
with interest @ 9% per annum from the date of admission of claim
application under Section 166 of the Motor Vehicles Act till its
realization.
Learned counsel for the appellant has referred Issue No. 5 i.e.
Whether insured / owner of the alleged offending vehicle Scorpio Jeep
bearing registration No. JH-01Q(T)-4896 has violated any of the terms
and conditions of the insurance policy? and has submitted that the said
issue has been decided by the learned Tribunal at Para-10 of the
impugned award.
Learned counsel for the appellant has submitted that the
offending vehicle bearing registration no. JH-01Q(T)-4896 was
actually driven by owner Sanjay Singh, son of Kedar Singh, resident of
Siyartoli Sanga, P.O. - Malashring, P.S. - Pithoria, District -
Ranchi, which was insured before the appellant - Insurance Company
vide Policy No. OG-14-2406-1801-00005995 valid for the period from
22.01.14 to 21.01.15 in the name of Sanjay Singh, which has been
brought on record as Exhibit-A, but in the claim form submitted by the
insured Sanjay Singh for own damage of the vehicle, he disclosed the
name of the driver of the offending vehicle at the time of accident is
"Adhnu Munda", but after investigation, the police has submitted
charge sheet against Sanjay Singh as driver of the vehicle.
Learned counsel for the appellant has further submitted that
Exhibit-B i.e. Motor Accident Claim Form submitted by Sanjay Singh,
owner of the vehicle to the insurance company for own damage claim
of the alleged offending vehicle Scorpio Jeep, Exhibit-C i.e. Letter
dated 18.03.14 issued from Santosh Kumar, Investigtor to Sanjay
Singh, owner of the vehicle, Exhibit-C/1 Letter dated 07.03.15 issued
from Bajaj Allianz General Insurance Co. Ltd. to Sanjay Singh, owner
of the alleged offending vehicle Scarpio Jeep, Exhibit-C/2 i.e. Letter
dated 10.09.15 issued from Bajaj Allianz General Insurance Co. Ltd. to
Sanjay Singh, owner of the alleged offending vehicle Scorpio Jeep and
Exhibit-D, D/1 & D/2 i.e. Registered postal receipt addressed to Sanjay
Singh, O.P. No. 1 have been brought on record, even then, the learned
Tribunal has decided the issue against the Insurance Company holding
that O.P. No. 2 Insurer of the Offending Vehicle has failed to prove the
fact about violation of terms and conditions of the policy under Section
149(2) of the Motor Vehicles Act.
Learned counsel for the appellant has submitted that so far the
owner of the offending vehicle, O.P. No. 1 is concerned, he has not
appeared before the learned Tribunal, inspite of due service of
summons, thus, the case has been proceeded ex-parte against him vide
order dated 17.09.18, as such it was not proper for learned Tribunal to
decide this issue against the Insurance Company after having such
documents adduced as evidence without objection by the Insurance
Company.
Learned counsel for the appellant has further submitted that so
far quantum of compensation is concerned, the learned Tribunal has
assessed the income of the deceased, who was a mason and lost his life
on 11.02.2014, as Rs. 8,000/- per month, which is exorbitantly high in
view of the judgment passed by the Apex Court in the case of Chameli
Devi & Others Vs. Jivrail Mian & Others reported in 2019 (4) TAC
724 (SC).
Learned counsel for the appellant has further submitted that the
interest has been awarded @ 9% per annum from the date of admission
of claim application under Section 166 of the Motor Vehicles Act i.e.
27.07.2017 as such, this part may be modified in view of the judgment
passed by the Apex Court in the case of Dharampal and Sons Vs. U.P.
State Road Transport Corporation reported in 2008 (4) JCR 79 (SC).
Learned counsel for the appellant has further submitted that
there is delay of 71 days in preferring the present appeal and for
condonation of the same, I.A. No. 1182/2020 has been preferred.
Learned counsel for the appellant has thus submitted that notice
may be issued upon the respondents.
Considering the same, let notice be issued to all the respondents
namely, (1) Birsi Orain, W/o Late Sukra Oraon @ Sanjay Oraon, (2)
Sheela Kumari, D/o Late Sukra Oraon @ Sanjay Oraon, (3) Anish
Oraon, S/o Late Sukra Oraon @ Sanjay Oraon, (4) Nitu Kumari, D/o
Late Sukra Oraon @ Sanjay Oraon, (5) Chhudi Oraon, S/o Late Ghuja
Oraon, (6) Tiito Orain, W/o Chhudi Oraon (Respondent nos. 2, 3 and 4
are minors represented through their mother Respondent no. 1, being
their natural guardian as their next friend), all resident of Village-
Danday Hehal, P.S. - Ratu, District - Ranchi and (7) Sanjay Singh, son
of Kedar Singh, resident of Siyartoli Sanga, P.O. - Malashring, P.S. -
Pithoria, District - Ranchi, in both limitation matter as well as in main
memo of appeal, 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.)
Sunil/-
