New India Insurance Co. Ltd. vs Bindeshwar Das
2021 Latest Caselaw 1308 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   M.A. No. 547 of 2015
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New India Insurance Co. Ltd., Main Road, Ramgarh .... Appellant(s)

-Versus-

1. Bindeshwar Das

2. Surji Chamrin

3. Anuj Devi

4. Sahdab Khan

5. National Insurance Company Ltd., Dhanbad ... Respondent(s).

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CORAM: HON'BLE MR. JUSTICE ANANDA SEN THROUGH VIDEO CONFERENCING.

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For the appellant(s): Mr. D.C. Ghosh, Advocate. For resp. No. 3 Mr. Naresh Pd. Thakur, Advocate. For Resp. No. 5 Mr. Manish Kumar, Advocate.

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08/16.03.2021: The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11:00 A.M. They have no complaint in respect of the audio and video clarity and quality.

Heard the counsel for the parties.

In this appeal, the appellant-New India Insurance Company has challenged the judgment/award dated 8.9.2015 passed by the District Judge-XIII- cum-P.O., MACT, Dhanbad in Title (MV) Claim Case No. 195 of 2007.

After going through the impugned award and the record of this case, I find that the accident, which has taken place on 1.3.2006, has not been disputed, involving Trekker No. BR 17P 9613 and Tractor No. BR 13C 8014.The death of the deceased is also not disputed. The factum of insurance is also not disputed.

The Tribunal has awarded Rs. 3,28,500/- as compensation to the claimants. After deciding all the issues, the Tribunal directed the New India Insurance Company i.e. the appellant herein, to pay the amount of compensation and recover the same from the owner of the offending vehicle.

Since the owner has not challenged the Award dated 8.9.2015 and the recovery right of compensation amount has been given to the appellant- Insurance Company, I feel that the Insurance Company cannot be said to be aggrieved by the Award. If the Insurance Company is not aggrieved by the Award, an appeal filed at the behest of the Insurance Company challenging the award according to me, is not maintainable.

Thus, this appeal, filed at the behest of New India Insurance Company, when the right of recovery of amount of compensation from the owner of the offending vehicle has been given to the Insurance Company, is dismissed as not maintainable.

          Anu/-CP-2                                                      (ANANDA SEN, J.)