New India Assurance Company Ltd vs Mostt. Sumitra & Ors
2021 Latest Caselaw 1014 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Civil Miscellaneous Appellate Jurisdiction)
                           M.A. No. 474 of 2015
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New India Assurance Company Ltd. ...... Appellant Versus Mostt. Sumitra & Ors. ......Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) For the Appellant : Mr. Alok Lal, Advocate For the Respondent No.1 : Mr. Vijay Kr. Roy, Advocate

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10/Dated: 01/03/2021.

Heard, learned counsel for the parties.

The instant Miscellaneous Appeals has been preferred by the New India Assurance Company Ltd. against the award dated 25.02.2015 passed by the learned Principal District Judge cum Presiding Officer Motor Vehicles Accident Claims Tribunal, Giridih in M.V. Claim Case No.60 of 2012, whereby the claimants have been awarded compensation to the tune of Rs.5,33,000/- after deducting Rs.50,000/- which has already been paid under Section 140 of the MV Act along with interest @ 9% per annum from the date of filing of the claim application till its realization and the Insurance Company has been given right to recover the same from the owner of the offending vehicle after indemnifying the award.

Learned counsel for the appellant, Mr. Alok Lal has submitted, that this right of recovery ought not to have passed in favour of the Insurance Company by the learned Tribunal rather in presence of the owner, when there is violation of terms and conditions of the policy in view of Section 149 of the MV Act, the liability ought to have been fixed upon the owner and direction ought to have been passed upon the owner to indemnify the award instead of against the Insurance Company to pay and recover the same from owner of the offending vehicle.

Learned counsel for the claimant/respondent no.1, Mr. Vijay Kr. Roy has submitted, that he has put appearance on behalf of the claimant on 12.02.2021 and he is also filing the cross-objection, as such, this case may be adjourned for two weeks.

Considering the same, let the appeal be listed after four weeks along with the cross-objection arising out of same impugned judgment, if filed before this Court by the claimants.

(Kailash Prasad Deo, J.) R.S.