Jharkhand High Court
Bajaj Allianz General Insurance ... vs Rekha Devi & Others on 16 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 11 of 2018
........
Bajaj Allianz General Insurance Company Ltd. .... ..... Appellant
Versus
Rekha Devi & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. S. J. Roy, Advocate.
For the Respondent Nos.1 &2 : Mr. Manoj Kumar Sah, Advocate.
For the Respondent No.3 : Mr. Purnedu Jha, Advocate.
........
06/16.03.2021.
Heard, learned counsel for the parties.
Learned counsel for the appellant has submitted that though notice
has been issued upon respondent no.4, driver of the offending vehicle, but
as per the service report said driver died in the year 2015 and death
certificate has been brought on record, which is kept at flag-'A', as such,
this Court may proceed in the matter in absence of driver.
Learned counsel for the appellant has submitted that the appeal has
been preferred against the award dated 04.01.2017 passed by learned
District Judge-III-cum- Addtional M.A.C.T Judge, Godda in M.A.C.C.
No.19/2011, whereby the claimants namely, Rekha Devi and Sanjay Yadav
have been awarded compensation to the tune of Rs.2,29,500/- along with
interest @ 6% per annum from the date of filing of the claimant's petition
within three months from the date of this order. If the payment is not made
within the above period, Insurance Company is liable to pay a penal
interest @ 9% till its realization.
Learned counsel for the appellant has submitted, that the learned
Tribunal has given a conditional right of recovery in favour of the
Insurance Company, from owner of the offending vehicle at para-20 of the
impugned judgment, which may profitably be quoted hereunder:-
"It is also held that this judgment will not come in the way of
insurer proceeding against the owner and recovering the
amount paid by it to the claimants in the event of the insurer
being able to establish in any suit it may choose to file
against the owner, that there was violation or breach of
condition of the insurance policy or that the vehicle was not
covered by permit on the date of the accident."
So this Court may make it absolute in favour of the Insurance
Company. Further, no relief has been sought for against quantum of
compensation.
Learned counsel for the respondent nos.1 & 2, Mr. Manoj Kumar
Sah has submitted that only Rs.2,00,000/- has been paid to the claimants
and the balance amount has not been paid to the claimants though the
accident is of dated 19.01.2011 caused by a vehicle bearing registration
No.JH15E-2671 and claim application was allowed on 04.01.2017 and the
claimants are suffering even when the litigation is between the Insurance
Company and owner of the offending vehicle.
Learned counsel for the respondent no.3, Mr. Purnedu Jha has
sought an adjournment in this case.
After hearing learned counsel for the parties, since the relief which
has been sought by the Insurance Company in mainly with regard to
absolute right of recovery, this court consider that whatever the right has
been given by the learned Tribunal is justified, that Insurance Company
may proceed against the owner of the vehicle on any infraction of terms
and condition of the policy or any statutory violation by the offending
vehicle and if the Insurance Company is able to prove the same against the
owner, the Insurance Company has right to recover the awarded amount
along with interest paid the claimants from the owner of the offending
vehilce, but at this stage this Court is not inclined to interfere with the
impugned award, as the Insurance Company has already given liberty
subject to prove against the owner.
Accordingly, the instant appeal is disposed of with aforesaid liberty
as granted by the learned Tribunal.
The Insurance Company shall indemnify the awarded amount in
terms of the award passed by the learned Tribunal within a reasonable
period as the accident is of dated 19.01.2011.
The statutory amount deposited by the Insurance Company shall be
remitted to the learned Tribunal by the learned Registrar General of this
Court within four weeks', so as to indemnify the part compensation and
the balance amount along with interest shall be indemnified by the
Insurance Company within a reasonable period.
The amount of Rs. 3,00,000/- has already deposited by the
Insurance Company pursuant to the order dated 10.05.2018 passed by
Coordinate Bench of this Court out of which Rs.2,00,000/- has already
been released in favour of the claimants and rest amount of Rs. 1,00,000/-
shall be released in favour of the claimants and balance amount, if any,
remained thereafter, the Insurance Company shall pay the same within a
reasonable period as the accident is of dated 19.01.2011.
Let the LCR be sent down.
(Kailash Prasad Deo, J.)
Jay/-
