Jharkhand High Court
Divisional Manager vs Manju Raj Rawat & Ors on 9 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 126 of 2015
........
Divisional Manager, National Insurance Company Ltd.
.... ..... Appellant
Versus
Manju Raj Rawat & Ors. ..... Respondents
WITH
M.A. No. 123 of 2015
........
Divisional Manager, National Insurance Company Ltd.
.... ..... Appellant
Versus
Nalin Raj Rawat & Anr. ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Alok Lal, Advocate
For the Respondents : Mr. Govind Rai Sharma, A.C. to
Mr. Nagmani Tiwari, Advocate.
........
07/09.03.2021.
Learned counsel for the appellant, Mr. Alok Lal in both appeal
has submitted, that substituted service of notice upon the owner of the
offending vehicle namely, Kanhaiya Chaubey, S/o P. N. Chaubey,
resident of H/25, Hindalco Colony P.O., P.S. & Twon-Renukoot,
Distt.- Sonbhadra (U.P.) may be allowed, for which he will file draft
copy of notice within a period of two weeks for both appeals.
Prayer is allowed.
The office shall process the same within a period of two weeks
thereafter and hand over the same for publication in the newspaper
having circulation in the area, where owner is normally residing and
after four weeks the appellant shall file an affidavit alongwith the
copy of the newspaper.
Put up these cases after eight weeks.
Learned counsel, Mr. Govind Rai Sharma assisting counsel to
Mr. Nagmani Tiwari has submitted, that dispute is between the
Insurance Company and owner of the offending vehicle, but from the
date of accident i.e. 13.02.2006 more than 15 years has elapsed, as
such, till date (09.03.2021) not a single farthing has been paid to the
claimants.
Learned counsel for the appellant, Mr. Alok Lal has submitted
that if the amount is deposited and the same is withdrawn by the
claimants then excess paid under the conventional head and other
head may not be adjusted, as such, this Court may consider to protect
the money of the Insurance Company as the appeal is pending
because of non-appearance of the owner.
In M.A. No.126/2015 (Compensation Case No.69/2006), the
compensation awarded is Rs.13,40,000/- alongwith interest @ 9% per
annum from the date of admission of the application under Section
166 of the Motor Vehicles Act i.e. 20.04.2008 till the date of payment,
which shall be made within one month from the date of receipt of
copy of the judgment, failing which the interest @ 12% per annum
from the date of judgment shall be payable. The payment shall be
made after deducting the payment, if made, under Section 140 of the
Motor Vehicles Act.
Considering the same, the Insurance Company is directed to
deposit two bank drafts one of Rs.6,00,000/- another with regard to
Rs.7,40,000/- as well as interest as awarded by the learned Tribunal,
but first draft of Rs.6,00,000/- shall be handed over to the claimants,
after proper verification by the learned Tribunal and the second
cheque of balance amount shall be kept in fixed deposit before any
Nationalized Bank in the name of the claimants by the learned
Tribunal / learned Executing Court, so as not to suffer any financial
loss to any of the parties at the time of final disposal of the appeal.
The amount must be deposited within 90 days and thereafter, an
affidavit be filed by the Insurance Company regarding compliance of
the order.
Further, in M.A. No.123/2015 (Compensation Case
No.138/2006), the compensation awarded is Rs.6,50,000/- alongwith
interest @ 9% per annum from the date of admission of the
application under Section 166 of the Motor Vehicles Act i.e.
25.08.2008 till the date of payment, which shall be made within one
month from the date of receipt of copy of the judgment, failing which
the interest @ 12% per annum from the date of judgment shall be
payable. The payment shall be made after deducting the payment, if
made, under Section 140 of the Motor Vehicles Act.
Considering the same, the Insurance Company is directed to
deposit two bank drafts one of Rs.3,00,000/- and another with regard
to Rs.3,50,000/- as well as interest as awarded by the learned
Tribunal, but first draft of Rs.3,00,000/- shall be handed over to the
claimants, after proper verification by the learned Tribunal and the
second cheque of balance amount shall be kept in fixed deposit before
any Nationalized Bank in the name of the claimants by the learned
Tribunal / learned Executing Court so as not to suffer any financial
loss to any of the parties at the time of final disposal of the appeal.
The amount must be deposited within 90 days and thereafter, an
affidavit be filed by the Insurance Company regarding compliance of
the order.
(Kailash Prasad Deo, J.)
Jay/-
