Jharkhand High Court
Branch Manager vs Sonoti Murmu on 30 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 563 of 2019
......
Branch Manager, Royal Sundaram Alliance Insurance Co. Ltd....... Appellant
Versus
1.Sonoti Murmu
2.Babuton Tudu @ Babudhan Tudu
3.Jonatan Tudu
4.Renuka Tudu
5.Jahangir Dafadar
6.Hasibul Sk.
7.Branch Manager, The New India Assurance Co. Ltd., Murshidabad (West Bengal)
8.Branch Manager, The New India Assurance Co. Ltd., Bhagalpur
......Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
For the Appellant : Mr. Ashutosh Anand, Advocate
For the Respondents :
06/Dated: 30/06/2021.
Heard, learned counsel for the appellant, Mr. Ashutosh Anand.
The Royal Sundaram Alliance Insurance Co. Ltd has preferred this
Miscellaneous Appeal against the award dated 26.07.2019 passed by learned
District Judge-I-cum-MACT, Pakur, in Motor Vehicle Accident Claim Case
No.31 of 2015 whereby the Insurance Company has been directed to pay the
claim amount of Rs.11,65,200/- along with simple interest @ 7% per annum
from the date of filing of the claim application till the date of actual payment
to the claimants, namely, 1.Sonoti Murmu, 2.Babuton Tudu @ Babudhan
Tudu, 3.Jonatan Tudu and 4.Renuka Tudu.
Learned counsel for the appellant has submitted that it is unfortunate
case in which deceased- Rubilal Tudu, lost his life while he was travelling in
auto-rickshaw bearing engine No.R3J2391786, without registration number
from Pakur Railway Station to Maheshpur, which was hit by another auto-
rickshaw bearing registration No.JH05G-6785 belonging to one Hasibul Sk ,
S/o Late Nizam Sk., R/o Village/P.O. Dulandi, P.S. Murarai, District-
Birbhum (West Bengal) and the said auto-rickshaw vide its engine
No.R3J2391786 was insured before the Royal Sundaram Alliance Insurance
Co. Ltd. The owner of the vehicle was Jahangir Dafadar, S/o Mohid Dafadar
R/o Village- Panijara, P.O. Bahadurpur, P.S. Murarai, District- Birbhum
(West Bengal).
O.P. No.5 (Hasibul Sk) has appeared before the court below and has
categorically stated in his written statement that his vehicle was not insured
before any Insurance Company. However he entered into a compromise with
the claimants and paid Rs.1,90,000/- in a settlement out side of the Court.
Learned counsel for the appellant has further submitted that though in
view of the judgment passed by the Apex Court in the case of Khenyei vs.
New India Assurance Co. Ltd. & ors., reported in 2015 (9) SCC 273 para 17,
the claimants have right to recover the compensation from both or any of
them but if the claimant has compromised his case with one of the offending
vehicle, then it was incumbent upon the learned Tribunal to waive rest
amount of 50% as held to be contributory negligence of both the vehicles.
Learned counsel for the appellant has further submitted that entire
liabilities have been assessed to the tune of Rs.13,55,200/- and Royal
Sundaram Alliance Insurance Co. Ltd. is liable to pay only 50% provided
other grounds taken by the Royal Sundaram Alliance Insurance Co. Ltd is
negated by the court of appeal. The amount of Rs.6,77,600/- is liable to be
paid by the appellant- Royal Sundaram Alliance Insurance Co. Ltd and the
same amount shall be payable by the another auto-rickshaw, who has settled
its claim only on a sum of Rs.1,90,000/- taken from O.P. No.5 (Hasibul Sk), as
such, claimants shall suffer the balance amount i.e. Rs.6,77,600/- minus
Rs.1,90,000/- = Rs. 4,87,600/- and Royal Sundaram Alliance Insurance Co.
Ltd cannot be saddled with the liability of another vehicle, which was not
insured.
Under the aforesaid circumstances, let notice be issued to the
respondent no. 1., Sonoti urmu, W/o Late Rubilal Tudu, respondent no.2
Babuton Tudu @ Babudhan Tudu S/o Late Rubilal Tudu, respondent no.3-
Jonatan Tudu, S/o Late Rubilal Tudu, respondent no.4- Renuka Tudu, D/o
Late Rubilal Tudu, All resident of Village Murgadanga, P.O. Barkiyari, P.S.
Maheshpur, District- Pakur (Jharkhand), respondent no.5- Jahangir Dafadar,
S/o Mohid Dafadar R/o Village- Panijara, P.O. Bahadurpur, P.S. Murarai,
District- Birbhum (West Bengal) and respondent no.6- Hasibul Sk , S/o Late
Nizam Sk., R/o Village/P.O. Dulandi, P.S. Murarai, District- Birbhum (West
Bengal) 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.
Learned counsel for the appellant has submitted that respondent nos.7
and 8, Branch Manager, the New India Assurance Co. Ltd. of Murshidabad
and Bhagalpur are only proforma respondents and they are not required to
be issued notice. However, this Court appoints learned counsel, Mr. Manish
Kumar to assist this Court.
Appellant is directed to serve two copies of memo of appeal and
limitation petition and stay petition upon, Mr. Manish Kumar.
Learned counsel for the appellant has further submitted that stay
petition has been filed vide I.A. No.5287 of 2020 for stay of execution of the
impugned award.
Under the aforesaid facts, let appellant- Insurance Company shall
deposit Rs.6,77,600/- before the learned court below within a period of 60
days from today and file affidavit to this court, if appellant deposit the sum
of Rs.6,77,600/- the executing court shall not execute the decree during
pendency of the appeal. However, said amount shall not be withdrawn by
the claimants without proper order of this Court.
Put up this case after appearance of the parties.
I.A. No.5287 of 2020 stands disposed of.
(Kailash Prasad Deo, J.)
R.S.
