Jharkhand High Court
The Oriental Insurance Co. Ltd vs Smt. Sugni Devi & Others on 13 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 678 of 2018
........
The Oriental Insurance Co. Ltd. .... ..... Appellant
Versus
Smt. Sugni Devi & Others .... ..... Respondents
With
M.A. No. 637 of 2018
........
Smt. Sugni Devi & Others .... ..... Appellants
Versus
Minish Ranjan Singh @ Manish Ranjan Singh & Anr. ....Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant (s) : Mr. G. C. Jha, Advocate
(in M.A. No.678/2018)
: Mr. Arvind Kumar Lall, Advocate
(in M.A. No.637/2018)
For the Respondents :
........
06/13.07.2021.
The claimants and the Insurance Company have preferred these
appeals assailing the award dated 03.07.2018 passed by learned Presiding
Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor
Accident Claim Case No. 104/2012, whereby the claimants, (1) Smt.
Sugni Devi (2) Firo Mahto @ Firo Kumar Mahto (3) Sandeep Kumar
Mahto (4) Mohan Kumar Mahto (5) Sohan Kumar Mahto and (6) Smt.
Patwa Devi (Applicant no.5 Sohan Kumar Mahto was a minor, represented
through his mother and natural guardian Sugani Devi applicant no. 1 as
next friend) have been awarded compensation to the tune of
Rs.52,32,274/- along with interest @ 12% per annum from the date of
award till the realization. The learned Tribunal has not granted interest
from date of filing of claim application under Section 171 of the Motor
Vehicles Act and the reason has been assigned at paragraph-10 of the
impugned award at page nos. 12 & 13, which is profitably quoted
hereunder:-
"After hearing of oral arguments advanced on behalf of the
learned counsel for the applicants and O.P. No.2 and perusal
of record transpires that instant claim application was filed
on 03.04.2012, but admitted on 31.03.2016, it has taken a
period of four years for admission due to laches of the
applicants. Further, after admission notice was issued to the
opposite parties, but entire documents could not be supplied
and the same has been supplied on 21.09.2017, thereafter,
O.P. No.2 was became able to file written statement from
which it transpires that hearing of the case has been caused
delay due to sole laches of the part of the applicants,
therefore they are found not entitled for interest upon the
awarded amount during pendency of the case. But if
Insurance Company will cause delay in making payment, it
will be liable to pay interest @ 12% per annum upon the
awarded amount from the date of award till its realization."
Learned counsel for the Insurance Company, Mr. G.C.Jha has
submitted that amount of compensation has not been satisfied to the
claimants till date.
Both, Insurance Company and the claimants have preferred these
appeals. Insurance Company has preferred appeal vide M.A. No. 678/2018
for deduction towards contributory negligence of the deceased, who was
driver of the ambulance.
Learned counsel for the Insurance Company has further submitted
that Issue No. 5 has not been decided properly by the learned Tribunal at
para-9 of the impugned award and no right of recovery has been granted to
the Insurance Company to recover the same from the owner of the
offending vehicle i.e. Minish Ranjan Singh @ Manish Ranjan Singh, for
violating the terms and conditions of the Policy.
Learned counsel for the Insurance Company has further submitted
that the interest ought to have been granted @ 7.5% per annum instead of
@ 12% per annum in view of consistent stand taken by this Court in
awarding the interest relying upon judgment passed by Apex Court in the
case of Dharampal and Sons Vs. U.P. State Road Transport Corporation
reported in 2008 (4) JCR 79 (SC).
The claimants have preferred the appeal vide M.A. No. 637/2018
for enhancement of the award, on the ground that leave encashment have
not been considered of the deceased while computing compensation,
which ought to have been given to a deceased employee, as such
compensation may be enhanced and interest ought to have been given
from the date of filing of the claim application in view of Section 171 of
the Motor Vehicles Act.
Considering the same, let notice be issued to the owner of the
offending vehicle i.e. Minish Ranjan Singh @ Manish Ranjan Singh, S/o
Akshawat Singh, on his both address i.e. C/o Maa Durga Road Lines,
Transport Nagar Prasad, Post and P.S.- Bilaspur, District- Bilaspur
(Chattisgarh). Pin Code No.-495001 and at present at C/O Onkar Itki
Road, Piska More Post- Hehal, P.S.- Sukhdeo Nagar, 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 a period of two
weeks from today.
List these appeals after service of notice.
Let the name of learned counsel, Mr. Arvind Kumar Lall be
reflected in the cause list in M.A. No. 678/2018 as counsel for the
claimants / respondents and the name of the learned counsel, Mr. G.C. Jha
be reflected in the cause list as counsel for the respondent - Oriental
Insurance Company Limited in M.A. No. 637/2018.
(Kailash Prasad Deo, J.)
Sunil-Jay/-
