Jharkhand High Court
The Branch Manager Ms. New India ... vs Pinki Devi & Ors on 2 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Miscellaneous Appellate Jurisdiction]
M.A. No. 459 of 2015
The Branch Manager Ms. New India Assurance Company Limited
.... .. ... Appellant(s)
Versus
Pinki Devi & Ors. .. ... ... Respondent(s)
With
M.A. No. 458 of 2015
The Branch Manager Ms. New India Assurance Company Limited
.... .. ... Appellant(s)
Versus
Sushila Devi & Ors. .. ... ... Respondent(s)
With
M.A. No. 460 of 2015
The Branch Manager Ms. New India Assurance Company Limited.
.... .. ... Appellant(s)
Versus
Lakhimuni Devi & Ors. .. ... ... Respondent(s)
With
M.A. No. 461 of 2015
The Branch Manager Ms. New India Assurance Company Limited
.... .. ... Appellant(s)
Versus
Dasrath Marandi & Ors. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. Manish Kumar, Advocate (in all the appeals).
For the Respondent(s) : Mr. Ranish Kumar, Advocate
Md. Zaid Ahmed, Advocate
Mr. Ranjan Kumar, Advocate
..........
08 / 02.03.2021. All the aforesaid four Misc. Appeals arising out of a common accident,
as such, they are being heard together and disposed of , by this common judgment.
Heard, learned counsel for parties.
M.A. No.459 of 2015 has been filed by the appellant- New India Assurance
Company Limited against the award passed on 21.05.2015 by learned District Judge-
XII-cum- MACT Judge, Dhanbad in T. (M.V.) S. No.52 of 2011, whereby, the
learned Tribunal has granted compensation to the claimants to the tune of
Rs.6,18,000/- (after deducting Rs.50,000/- paid under Section 140 M.V. Act) to be
paid within a period of two months, failing which this compensation amount shall
also carry interest @6% per annum. The defendant No.2 (New India Assurance
Company Limited) has been given right of recovery from the defendant No.1-
Mukesh Agarwal, S/o Vijay Lal Agarwal, Resident of G.T. Road, Rajganj (Katras),
P.O. & P.S. Katras, Dhanbad.
M.A. No.458 of 2015 has been filed by the appellant- New India Assurance
Company Limited against the award passed on 21.05.2015 passed by learned District
Judge-XII-cum- MACT Judge, Dhanbad in T. (M.V.) S. No.54 of 2011, whereby, the
learned Tribunal has granted compensation to the claimants to the tune of
RS.6,18,000/- (after deducting Rs.50,000/- paid under Section 140 M.V. Act) to be
paid within a period of two months failing which this compensation amount shall
also carry interest @6% per annum. The defendant No.2 (New India Assurance
Company Limited) has been given right of recovery from the defendant No.1-
Mukesh Agarwal, S/o Vijay Lal Agarwal, Resident of G.T. Road, Rajganj (Katras),
P.O. & P.S. Katras, Dhanbad.
M.A. No.460 of 2015 has been filed by the appellant- New India Assurance
Company Limited against the award passed on 21.05.2015 passed by learned District
Judge-XII-cum- MACT Judge, Dhanbad in T. (M.V.) S. No.55 of 2011, whereby, the
learned Tribunal has granted compensation to the claimants to the tune of
RS.5,82,000/- (after deducting Rs.50,000/- paid under Section 140 of the M.V. Act)
to be paid within a period of two months failing which this compensation amount
shall also carry interest @6% per annum. The defendant No.2 (New India Assurance
Company Limited) has been given right of recovery from the defendant No.1
Mukesh Agarwal, S/o Vijay Lal Agarwal, Resident of G.T. Road, Rajganj (Katras),
P.O. & P.S. Katras, Dhanbad.
M.A. No.461 of 2015 has been filed by the appellant- New India Assurance
Company Limited against the award passed on 21.05.2015 passed by learned District
Judge-XII-cum- MACT Judge, Dhanbad in T. (M.V.) S. No.53 of 2011, whereby, the
learned Tribunal has granted compensation to the claimants to the tune of
RS.4,19,000/- (after deducting Rs.50,000/- paid under Section 140 M.V. Act) to be
paid within a period of two months failing which this compensation amount shall
also carry interest @6% per annum. The defendant No.2 (New India Assurance
Company Limited) has been given right of recovery from the defendant No.1
Mukesh Agarwal, S/o Vijay Lal Agarwal, Resident of G.T. Road, Rajganj (Katras),
P.O. & P.S. Katras, Dhanbad.
Learned counsel for the appellant has submitted that in view of the instruction
given by the competent authority of the New India Assurance Company Limited, the
appellant does not want to pursue the matters, but with condition that the right of
recovery given by the learned Tribunal in favour of the Insurance Company from the
owner of the offending vehicle may remain intact in all these claim cases.
Learned counsel for the claimants, Mr. Zaid Ahmad and Learned counsel for
the owner, Mr. Ranjan Kumar have fairly submitted that till date they have not
preferred any appeal against the impugned award.
Considering such submissions of the parties, the appellant-Insurance Company
is directed to withdraw these four appeals with right to recover from the owner of the
vehicle as granted by the learned Tribunal.
Accordingly, all the four aforesaid Misc. Appeals stand dismissed, as
withdrawn.
However, the statutory amount deposited by the appellant- Insurance Company
in all these four Misc. appeals at the time of preferring the appeals shall be remitted
to the learned Tribunal/Executing Court, within a period of four weeks from today by
the learned Registrar General of this Court, which shall be paid to the claimants after
due verification and balance amount of the award along with interest in terms of the
award passed by the learned Tribunal, shall be indemnified by the Insurance
Company within a reasonable time.
All the pending interlocutory applications stand closed.
(Kailash Prasad Deo, J.)
Sandeep/
