The New India Assurance Company ... vs Mina Devi & Others
2021 Latest Caselaw 1120 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 230 of 2020
                         ........

The New India Assurance Company Ltd. .... ..... Appellant Versus Mina Devi & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mr. Amresh Kumar, Advocate.

For the Respondents       :
                                    ........
04/05.03.2021.

Learned counsel for the appellant, Mr. Amaresh Kumar, has submitted that pursuant to the order dated 18.12.2020, the amount has already been deposited as directed by this Court.

Learned counsel for the appellant has submitted that so far the appeal is concerned, it is with regard to the owner of the vehicle, as Exhibit-B i.e. copy of driving license no. UP 7819920007101 shows that the driver was authorized to drive LMV, but as per Exhibit-10 the photocopy of registration certificate of vehicle no. JH-10BP- 6242, it was a heavy vehicle, as such, notice may be issued to the owner of the offending vehicle namely, M/s Esskay Carriers, F-12/A Panku Industrial Area, Site-2, Kanpur Nagar, P.O. & P.S. - Kanpur Nagar, District - Kanpur, Uttar Pradesh, Pin-208001.

So far claimants namely, (1) Mina Devi, wife of Late Labu Mahato, (2) Vishal Kumar Mahato (Minor), son of Late Labu Mahato and (3) Anjali Kumari (Minor), daughter of Late Labu Mahato, (2) & (3) are minors and represented through their natural guardian and mother respondent no. 1 namely, Mina Devi, all residents of Village - Nagari Kala (Nayakdih, Paharidhar), P.S. - Tetulmari, P.O. - Sijua, District - Dhanbad (Jharkhand) are concerned, learned counsel for the appellant has submitted that though the deceased Labu Mahato was Mason died at the age of 34 years, but the learned Tribunal has granted 50% towards future prospect instead of 40% in view of the judgment passed by the Apex Court passed in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in (2017) 16 SCC 680 (paragraph- 59.4, as such, notice may be issued to the claimants.

Under the aforesaid circumstances, let notice be issued to the owner of the offending vehicle and claimants on the address as aforesaid, 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.

(Kailash Prasad Deo, J.) Sunil/-