Jharkhand High Court
The Branch Manager vs Atika Devi on 5 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 261 of 2014
......
The Branch Manager, Bajaj Allianz General Insurance Co. Ltd. ...... Appellant
Versus
1. Atika Devi, W/o Lt. Nimay Mandal, R/o Vill- Torai, P.O. Torai, P.S. Hiranpur, Distt-
Pakur
2. Uttam Mandal, S/o Late Nimay Mandal, R/o Village & P.O.- Torai, P.S. Hiranpur,
Distt.- Pakur (owner of the vehicle) ......Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
For the Appellant : Mr. Alok Lal, Advocate
For the Respondents :
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06/Dated: 05/03/2021.
Heard, learned counsel for the appellant, Mr. Alok Lal.
Appellant- Bajaj Allianz General Insurance Co. Ltd. has preferred the
instant Miscellaneous Appeal against the award dated 22.04.2014 passed by
learned Principal District Judge-Cum-Motor Vehicle Accident Claim Tribunal,
Pakur in M.A.C.T. Case No.34 of 2012, whereby, the claimant namely Atika Devi
has been awarded compensation to the tune of Rs.12,00,000/- along with simple
interest @ 7% per annum, from the date of institution of the claim application.
Learned counsel for the appellant has submitted, that it is an unfortunate
case in which the deceased (Nimay Mandal) was owner of the offending tractor
bearing registration no.JH16A-6314, which was insured before the appellant-
Insurance Company and the vehicle was driven by the driver, who dashed the
owner and the owner lost his life.
Learned counsel for the appellant has further submitted that for the
purpose of compensation under Section 166 of the MV Act, the owner being the
insured of the tractor for the liability cannot claim compensation as third party in
motor accident claim cases.
Learned counsel for the appellant has further submitted that at the time of
accident i.e. 17.12.2011, deceased (Nimay Mandal) was owner of the vehicle, but
subsequently claimant has shown, Uttam Mandal, S/o Nimay Mandal as owner of
the offending vehicle by instituting the claim case.
Learned counsel for the appellant in support of his submission has placed
reliance upon the judgment passed by the Supreme Court in the case of Dhanraj
vs. New India Assurance Co. Ltd, reported in 2004 (8) SCC 553 at para 8, which
is profitably quoted hereunder:-
"Thus, an insurance policy covers the liability incurred by the insured in
respect of death of or bodily injury to any person (including an owner of the
goods or his authorized representative) carried in the vehicle or damage to any
property of a third party caused by or arising out of the use of the vehicle.
Section 147 does not require an Insurance Company to assume risk for death or
bodily injury to the owner of the vehicle." [emphasis supplied]
As such, notice may be issued to both the respondents.
Considering the submission of the appellant, let notice be issued to
respondent no.1- Atika Devi, W/o Lt. Nimay Mandal, R/o Vill- Torai, P.O. Torai,
P.S. Hiranpur, Distt- Pakur and respondent no.2- Uttam Mandal, S/o Late Nimay
Mandal, R/o Village & P.O.- Torai, P.S. Hiranpur, Distt.- Pakur (owner of the
offending vehicle) 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 two
weeks.
Learned counsel for the appellant has further submitted that I.A. No.896
of 2021 has been filed for stay of Certificate Case being C.C. No. 9 of 2020-21
pending in the court of District Certificate Officer, Pakur.
Considering such submissions, learned counsel for the appellant is
directed to serve two copies of memo of appeal and impugned judgment
along with other relevant documents to the claimant before the Certificate
court so as to appear before this Court in addition to notice by both
processes, as ordered above.
In the meantime, till appearance of the opposite parties i.e. claimant
and owner, the further proceeding in Certificate Case No.9 of 2020-21
pending in the court of District Certificate Officer, Pakur shall remain stayed.
I.A. No.896 of 2021 stands disposed of.
(Kailash Prasad Deo, J.)
R.S-
