Jharkhand High Court
The Divisional Manager vs Sagar Sahi & Others on 8 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 08 of 2016
........
The Divisional Manager, New India
Assurance Company Limited, Ranchi .... ..... Appellant
Versus
Sagar Sahi & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Manish Kumar, Advocate.
For the Respondent Nos. 1 & 2 : Mr. Nikhil Ranjan, Advocate.
For the Respondent No. 4 : Mr. Arvind Kr. Lal, Advocate.
For the Respondent No. 5 : Mr. Rajeev Kumar Sinha, Advocate
........
07/08.03.2021.
Heard, learned counsel for the appellant, Mr. Manish Kumar,
learned counsel for the claimants, Mr. Nikhil Ranjan, learned counsel
for the Ajay Verma (private financer), Mr. Arvind Kumar Lal and
learned counsel for the Finance Company, Mr. Rajeev Kumar Sinha.
Learned counsel for the appellant has submitted that the
learned Tribunal has held that the O.P. No. 2, the insurance company
is entitled to recover the compensation amount from O.P. No. 1, the
owner of the offending Bus, as if there was no valid existing
insurance policy.
Learned counsel for the appellant has submitted, that even
notice has been validly served upon Nandu Prasad Keshri, in terms
of order dated 26.09.2019, but he has not appeared in this case and as
such, right to recover, which has been granted by learned Tribunal
considering the vehicle to be no valid existing insurance policy, that
may be given to the appellant Insurance Company to recover the
same.
Learned counsel for the claimants, Mr. Nikhil Ranjan, learned
counsel for the Finance Company, Mr. Rajeev Kumar Sinha and
learned counsel for the private financer, Mr. Arvind Kumar Lal have
no objection.
Since, right of recovery has already been granted in favour of
the Insurance Company i.e. New India Assurance Company Limited,
in absence of any appeal preferred by owner of the offending Bus,
Nandu Prasad Keshri, this Court is not interfering with the impugned
award, as such, Insurance Company is directed to indemnify the
award in terms of judgment passed by the learned Tribunal with a
right to recover from the owner of the offending bus bearing
registration no. BR-14P-9959 namely, Nandu Prasad Keshri, son of
Late Sewak Sao, resident of Churi, Rai Khelari, P.O. & P.S. -
Khelari, District - Ranchi as the owner has not appeared nor has
preferred any appeal.
Learned counsel for the claimants, Mr. Nikhil Ranjan has
submitted that compensation amount has not been awarded in
accordance with law, but has fairly submitted that he has not
preferred any appeal for enhancement.
As appellant has not preferred any appeal against the quantum,
as such, this Court in view of the judgment passed by the Apex Court
in the case of Ranjana Prakash & Others Vs. Divisional Manager
& Another reported in 2011 (14) SCC 639 restrained to interfere
with the same, as the claimants have not preferred any appeal. Para-8
of the aforesaid judgment is profitably quoted hereunder:-
8. Where an appeal is filed challenging the quantum of
compensation, irrespective of who files the appeal, the
appropriate course for the High Court is to examine the
facts and by applying the relevant principles, determine the
just compensation. If the compensation determined by it is
higher than the compensation awarded by the Tribunal, the
High Court will allow the appeal, if it is by the claimants
and dismiss the appeal, if it is by the owner/insurer.
Similarly, if the compensation determined by the High Court
is lesser than the compensation awarded by the Tribunal,
the High Court will dismiss any appeal by the claimants for
enhancement, but allow any appeal by owner/insurer for
reduction. The High Court cannot obviously increase the
compensation in an appeal by owner/insurer for reducing
the compensation, nor can it reduce the compensation in an
appeal by the claimants seeking enhancement of
compensation.
Accordingly, the instant miscellaneous appeal is disposed of
with the liberty, which has already been given by the learned Tribunal.
The statutory amount shall be remitted to the learned Tribunal
by learned Registrar General of this Court within four weeks from
today, for indemnifying part of the award and balance amount shall be
indemnified by the Insurance Company within a reasonable period.
(Kailash Prasad Deo, J.)
Sunil/-
