Jharkhand High Court
Manager vs Nisha Murmu on 30 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 271 of 2020
......
Manager, ICCI Lombard (Nibhaye Vadde) General Insurance Company Limited, Dumka
....... Appellant
Versus
1.Nisha Murmu
2.Shailendra Kumar
3.Indralal Pandit ......Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
For the Appellant : Mr. Bibhash Sinha, Advocate
For the Respondents :
04/Dated: 30/06/2021.
Heard, learned counsel for the appellant, Mr. Bibhash Sinha.
Appellant- ICCI Lombard (Nibhaye Vadde) General Insurance
Company Limited has preferred the instant Miscellaneous Appeal against the
award dated 04.02.2020 passed by learned Principal District Judge -cum-P.O.,
M.A.C.T., Dumka in Motor Accident Claim Case No.47 of 2017, whereby the
claimant namely, Nisha Murmu has been awarded compensation to the tune
of Rs.14,75,284/- along with interest @ 7.5% per annum from the date of
filing of the claim application till the date of its realization as her right leg got
amputated below the knee in a motor accident.
Learned counsel for the Insurance Company, Mr. Bibhash Sinha has
assailed the impugned award on the ground that in the written statement the
Insurance Company has taken a plea that there was has no effective and
valid permit to ply the Hywa vehicle, bearing registration No.JH-04D-4298,
which was insured before the appellant vide Insurance Policy
No.3003/115326072/00/000 valid and effective from 09.04.2016 to 08.04.2017.
Learned counsel for the appellant-Insurance Company has taken plea
before the learned Tribunal in para 6 of the written statement and also in
evidence at paras 4, 5 and 6 of O.P. No.2 that permit was not there and
photocopy of the written statement has been produced by learned counsel for
the Insurance Company, Mr. Bibhash Sinha.
Learned counsel for the appellant-Insurance Company has further
assailed the impugned award on the ground that medical
practitioner/Doctor has not been examined to prove the medical certificate,
which has been brought on record as Exhibit- X series, as such, this Court
may interfere with the impugned award.
Considering the submission of the learned counsel for the appellant
and after going through the materials on record, it appears that the owner
and driver of the offending vehicle have appeared as O.P. No.1 and OP. No.3
and they have categorically stated that the vehicle is duly insured and the
driver has effective driving licence at the time of accident, which has also
been brought on record.
It appears from the record that the application under Order XI Rule 12
CPC was not filed by the Insurance Company for a direction upon the owner
of the offending vehicle with regard to discovery of the document or Rule 14
with regard to production of the document, as such, plea taken by the
Insurance Company in view of the judgment passed by the Apex Court is not
available to the appellant.
So far the non-examination of the medical practitioner to prove the
medical certificates of the victim is concerned, in my opinion on this ground,
the impugned order cannot be set aside as the entire medical papers have
been produced and brought on record as Exhibit-X series without objection.
Accordingly, the instant Miscellaneous Appeal being devoid of merit is
hereby dismissed.
The statutory amount deposited by Insurance Company for preferring
the appeal shall be remitted to the learned Tribunal by the learned Registrar
General of this Court, within a period of four weeks, so as to indemnify the
claimants after due notice and verification.
The balance amount of the award in view of the award passed by the
learned Tribunal shall be indemnified by the Insurance Company within a
reasonable time as the accident is of dated 23.03.2017 where the claimant/
injured being the lady has lost her right leg below the knee.
I.A. No.1264 of 2021 stands closed.
(Kailash Prasad Deo, J.)
R.S.
