The Manager Legal vs Most. Durgawati Devi
2021 Latest Caselaw 2602 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI

                  [Civil Miscellaneous Appellate Jurisdiction]
                         M.A. No. 222 of 2018
     The Manager Legal, ICICI Lombard General Insurance Co. Ltd
                                                           ..... .. ... Appellant(s)
                              Versus
      1. Most. Durgawati Devi, W/o Late Raju Hembram
      2. Lachhu Manjhi, S/o Lat Manjhiya Manjhi
      3. Sumitra Kumari, D/o Late Lachu Manjhi
      4. Jeera Kumari, D/o Late Raju Hembram
      All residents of Village Koradih, Pargha, P.O. Baliapur, P.S. Baliapur, District
      Dhanbad.

       5. Shree Gopal Coke Industries, I/c Gopal Agarwal, G.R. Road, Bagsuma, P.O.
       Bagsuma, P.S. Govindpur, District Dhanbad.

       6. Jubeda Khatoon, W/o Md. Imamuddin, R/o Village Ghatosand, Mehamda, P.O.
       Mehamda, P.S. Mehamda, District Hazaribagh.

        7. Sunil Kumar Mahto, S/o Aahlad Mahto, R/o Village Durgapara, P.O. Baliyapur,
        P.S. Baliyapur, District Dhanbad.                          .. ... ... Respondent(s)
                          ...........

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

      For the Appellant(s)            : Mr. Bibhash Sinha, Advocate
      For the Resp./claimants         : Mr. Rajesh Kr. Jha, Advocate
                          ..........

04 / 28.07.2021. Heard, Mr. Bibhash Sinha, learned counsel for the appellant-The Manager Legal, ICICI Lombard General Insurance Co. Ltd. and Mr. Rajesh Kr. Jha, learned counsel for the claimants.

Learned counsel for the appellant has submitted that notice issued upon respondent No.6 has been returned to Ramgarh on the ground the said address falls under the jurisdiction of Civil Court, Ramgarh.

Learned counsel for the appellant has further submitted that notice upon respondent No.6 could not be served because of the fact that adressee could not be found on the said address.

Under the aforesaid circumstances, let fresh notice be issued upon the registered owner of the vehicle/ Respondent No.6, Jubeda Khatoon, W/o Md. Imamuddin, R/o Village Ghatosand, Mehamda, P.O. Mehamda, P.S. Mehamda, District Hazaribagh., (Regd. owner of the trekker bearing registration No.JH-02A-1194) in view of the judgment passed by Apex Court in the case of Naveen Kumar vs. Vijay Kumar, reported in 2018(3) SCC 1, 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.

The notice shall be served on the Ramgarh Address. Registry of this Court is directed to accept the notice, as the District of Ramgarh has been created by bifurcation of District Hazaribagh.

The ordinary process shall be served upon the respondent No.6 [Jubeda Khatoon, W/o Md. Imamuddin, R/o Village Ghatosand, Mehamda, P.O. Mehamda, P.S. Mehamda, District Hazaribagh] by the Civil Court, Ramgarh after verifying the address from the District Transport Officer, Ramgarh.

Unutilized copy, may be utilized for the same.

Learned counsel for the claimants, Mr. Rajesh Kumar Jha has submitted that I.A. No.3353 of 2021 has been preferred for release of amount against the Award dated 08.02.2018 passed by the learned District Judge VIII-cum-MACT, Dhanbad in Motor Accident Claim Case No.230 of 2013, whereby the claimants have been awarded compensation to the tune of Rs.9,77,200/- along with interest @ 6% per annum from the date of filing of the claim application i.e. 02.09.2013 till its realization, but till date the amount has not been paid to the claimants, as such, the amount which has been deposited by the appellant- Insurance Company pursuant to the order dated 18.01.2020 passed by this Court i.e. 50% of the awarded amount of Rs. 9,77,200/- along with interest @ 7.5% per annum from the date of filing of the claim application i.e. 02.09.2013 till its payment, may be disbursed to the claimants, as the instant Appeal has not been filed against the claimants rather the same is for the right of recovery from the owner of the offending vehicle.

Mr. Bibhash Sinha, learned counsel for the appellant-The Manager Legal, ICICI Lombard General Insurance Co. Ltd. has opposed the same.

Considering the same, since it is a benevolent legislation and nothing will prejudice the appellant- The Manager Legal, ICICI Lombard General Insurance Co. Ltd. The learned Tribunal /Executing Court is directed to disburse the deposited amount to the claimants after notice and due verification.

Put up this case after service of notice.

I.A. No.3353 of 2021 stands disposed of.

(Kailash Prasad Deo, J.) Sandeep/