Legal Manager vs Kaushalya Devi
2021 Latest Caselaw 2600 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  [Civil Miscellaneous Appellate Jurisdiction]
                          M.A. No. 309 of 2020
        Legal Manager, Magma HDI General Insurance Company Ltd..... .. ...         Appellant(s)
                                     Versus
        1.Kaushalya Devi
        2.Suraj Kumar Mahato
        3.Nitu Kumari
        4.Radha Kumari
        5.Pawan Mahato
        6.Nunuram Mahato
        7.Yogini Mahatain
        8.Rudal Kumar Singh                                        .. ... ... Respondent(s)
                          ...........

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

      For the Appellant(s)            :    Mr. Alok Lal, Advocate.
                                           Mr. Santosh Kumar, Advocate
      For the Respondent(s)           :
                          ..........

03 / 28.07.2021. Heard, Mr. Alok Lal, learned counsel for the appellant-Legal Manager, Magma HDI General Insurance Company Ltd.

Learned counsel for the appellant has submitted that there is discrepancy in the registration number of the offending vehicle i.e. Tata Magic that instead of JH10BR 2955 it has been written as JH10BK 2955 which amounts to interpolation.

Considering the same, this stand of the appellant is not acceptable to this Court as no objection has been raised by the Insurance Company in the concerned Court Accordingly, the aforesaid ground taken by the Insurance Company is hereby rejected.

Learned counsel for the appellant has further assailed the impugned award on the ground of quantum of compensation, income of the deceased and also with regard to the amount awarded under the conventional head by the learned Tribunal contrary to the judgment passed by the Apex Court.

Considering the same, let notice be issued to all the claimants/respondents,

1.Kaushalya Devi, 2.Suraj Kumar Mahato, 3.Nitu Kumari, 4.Radha Kumari, 5.Pawan Mahato, 6.Nunuram Mahato and 7.Yogini Mahatain, 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.

Further, I.A. No.2408 of 2021 has been filed under Order XLI Rule 5 (5) CPC for stay in Execution Case No.04 of 2021, pending before the Court of learned District Judge-VIII, Dhanbad, for realization of the Award dated 11.08.2020 passed by learned District Judge XI-cum- Motor Accident Claims Tribunal-XI, Dhanbad, in Motor Accident Claim Case No.272 of 2018, as such, the appellant- Insurance Company is directed to deposit a sum of Rs.15,000,00/- along with interest @7.5% per annum from

the date of filing of the claim application i.e. 11.10.2018 till the date of realization before the learned Executing within a period of 60 days from today.

If the said amount of Rs. 15,000,00/- along with interest @7.5% per annum from the date of filing of the claim application i.e. 11.10.2018 till the date of realization is deposited before the learned Executing Court within a period of 60 days from today, the learned Executing Court shall not proceed against the appellant- Insurance Company and if the aforesaid amount is not deposited within 60 days from today, the Executing Court is directed to proceed in accordance with law.

However, the learned Tribunal/Executing Court shall issue notice to the claimants and after taking an affidavit that they have already put their appearance before the High Court in the instant Misc. Appeal, the aforesaid amount shall be disbursed to the claimants after due verification.

List this case soon after service of notice along with M.A. No. 317 of 2020.

I.A. No.2408 of 2021 is accordingly stands disposed of.

Sandeep/                                                       (Kailash Prasad Deo, J.)