Md. Kadir Ansari @ Kadir Ali & Anr vs Navin Singh & Ors
2021 Latest Caselaw 1081 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Miscellaneous Appellate Jurisdiction)
                          M.A. No. 412 of 2014
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Md. Kadir Ansari @ Kadir Ali & Anr. ...... Appellants Versus Navin Singh & Ors. ......Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) For the Appellants : Mr. A.K. Lall, Advocate For the Respondents no.3 : Mr. Basav Chatterjee, Advocate

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09/Dated: 03/03/2021.

Learned counsel for the appellants, Mr. A.K. Lall has submitted that deceased died at the age of 22 years and relief sought for has already been recorded under order dated 05.01.2021 Learned counsel for the respondent no.3/Insurance Company, Mr. Basav Chatterjee has fairly submitted that at the time of trial before the learned Tribunal, the Insurance Company has no document with regard to the age of the deceased, but subsequently the school certificate of deceased of Class-X, has been obtained by the Insurance Company where date of birth of the deceased has been mentioned as 01.05.1991, as such, the Insurance Company may be given time to file counter-affidavit and also to bring on record the Class-X school certificate of deceased by way of additional evidence.

Considering such submissions, two weeks time is granted to the respondent to file counter-affidavit and interlocutory application to bring on record, the document, which the Insurance Company is inclined to bring.

Put up this case on 23.03.2021.

Such liberty is being given in view of the judgment passed by the Apex Court in the case of Ranjana Prakash & Ors. vs. Divisional Manager & Anr., reported in 2011 (14) SCC 639 at para 8 as the quantum has been challenged by the claimants, as such, for just and fair compensation this Court gives such time to the Insurance Company.

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