The Oriental Insurance Company ... vs Meena Devi & Others
2021 Latest Caselaw 1231 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            (Civil Miscellaneous Appellate Jurisdiction)
                   M.A. No. 33 of 2016
                          ........

The Oriental Insurance Company Ltd. .... ..... Appellant Versus Meena Devi & Others .... ..... Respondents

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

For the Appellant : Mr. G.C. Jha, Advocate For the Respondents : Mr. Rajiv Karn, Advocate.

Mr. Jitendra Tripathi, Advocate.

........

14/10.03.2021.

Learned counsel for the appellant, Mr. G.C. Jha has submitted that though the Insurance Company has been fastened with the liability for compensation to be paid to the claimants without giving right of recovery in favour of the Insurance Company though sufficient evidence is on record that the deceased fell down from the roof of the bus and received injury as three persons were boarding on the roof of Mini Bus bearing registration no. JH 09/A 0242, which dashed one gate of commercial check post of Chas More with high speed on Purulia - Bokaro road.

Learned counsel for the appellant has submitted that Arjun Kaibarta is owner of the vehicle and in view of the judgment passed the Apex Court in the case of Branch Manager, National Insurance Company Limited Vs. Giriraj Prasad Agrawal & Others passed in Civil Appeal No. 2421/2008 and Amrit Paul Singh and Another Vs. Tata AIG General Insurance Company Limited and Others reported in (2018) 7 SCC 558, the right of recovery ought to have been granted in favour of the Insurance Company from the owner of the vehicle, after indemnifying the award.

Learned counsel, Mr. Jitendra Tripathi appearing for the Owner and learned counsel, Mr. Rajiv Kumar Karn on the instruction of Mr. M.B. Lal, appearing on behalf of the claimants has submitted that the case may be adjourned.

On the joint prayer of learned counsel for the Owner, Mr. Jitendra Tripathi, learned counsel for the Insurance Company, Mr. G.C. Jha and learned counsel for the claimants, Mr. Rajiv Kumar Karn, let the appeal be listed on 16.03.2021.

However, no further adjournment shall be granted to any of the parties on any ground.

(Kailash Prasad Deo, J.) Sunil/-