Reliance General Insurance ... vs Kamla Rani @ Kamla Rani Devi & ...
2021 Latest Caselaw 1315 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 39 of 2018
                         ........

Reliance General Insurance Company Limited .... ..... Appellant Versus Kamla Rani @ Kamla Rani Devi & Others ..... Respondents

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

For the Appellant : Mrs. Swati Shalini, Advocate.

For the Respondents          :
                                    ........
06/16.03.2021.

Heard, learned counsel, Mrs. Swati Shalini on the instruction of learned counsel for the appellant, Mr. Chandrajit Mukherjee.

Learned counsel for the appellant has submitted that Reliance General Insurance Co. Ltd. has preferred this appeal against the award dated 05.12.2017 passed by learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No. 82 / 2012, whereby the claimants namely, (1) Kamla Rani @ Kamla Rani Devi, wife of Late Ajay Kumar Mahto @ Ajay Kumar, (2) Avanti Kumar, daughter of Late Ajay Kumar Mahto @ Ajay Kumar, (3) Abhishek Kumar, son of Late Ajay Kumar Mahto @ Ajay Kumar, (4) Abhimanyu, son of Late Ajay Kumar Mahto @ Ajay Kumar, (5) Nakul Mahto, son of Late Kripal Mahto and (6) Smt. Shakuntala Devi, wife of Nakul Mahto (minors are represented through natural guardian and mother), have been awarded compensation to the tune of Rs. 18,26,336/- to be paid within 30 days from the date of the Award along with interest @ 12% per annum from the date of Award till its realization.

Learned counsel for the appellant has submitted that the appellant - Insurance Company has assailed the impugned judgment on three counts:-

(i) the income has been considered on the higher side, though the deceased was tutor;

(ii) Issue No. IV with regard to contributory negligence as the deceased was travelling along with his two friends as triple riding on Hero Honda motorcycle bearing registration no. JH-02H-1827 which collided with the 709 truck bearing registration no. JH-02E-1643

coming from opposite direction, but learned Tribunal has deducted only @ 30% instead of 50%; and

(iii) though the learned Tribunal has decided the Issue No. V with regard to violation of terms and conditions of the insurance policy in favour of the Insurance Company, but right to recover the indemnified award in favour of the Insurance Company from the Owner of the Offending Vehicle has not been granted.

Learned counsel for the appellant has submitted that 1/5 th has been deducted towards personal and living expenses of the deceased, which ought to have been 1/4th in view of judgment passed by the Apex Court passed in the case of Sarla Verma (Smt.) & Ors. Vs. Delhi Transport Corporation & Anr. reported in (2009) 6 SCC 121 (Para-30).

Learned counsel for the appellant has further submitted that the appellant has not been given right of recovery and the service report of notice upon owner of the offending vehicle reveals that the address is not proper, as such, fresh notice may be issued upon the owner of the offending vehicle as well as upon the claimants, which may be executed by the concerned court through the Officer-in- charge of the concerned police station.

Under the aforesaid circumstances, Secretary, District Legal Services Authority, Ranchi is directed to inquire that whether these claimants require any legal assistance in terms of Section 12 of the Legal Services Authority Act, as they are resident of C/o Kali Nath Mahto, Village - Pancha, P.O. & P.S. - Ormanjhi, District - Ranchi.

Let a bailable warrant of arrest be issued against Md. Sajjad Hussain, son of Md. Iraque Mian, (Owner of the Truck bearing registration no. JH-02E-1643), resident of Village - Kuju, P.O. & P.S. - Mandu, District - Ramgarh, at present residing at Village - Bakshidih, Sikidari, P.O. & P.S. - Ormanjhi, District - Ranchi, which shall be executed by the concerned court through the Officer-in- charge of the concerned police station after due verification of address from the District Transport Office.

Let fresh notice be issued to the claimants, named above, on their present and correct address, under both process i.e. under registered cover with A/D as well as under ordinary process, for which requisite etc. must be filed within two weeks.

Untilized copy of notice be utilized for the same. Learned counsel for the appellant has submitted that I.A. No. 6941/2019 has been filed for stay of Misc. M.A.C.T. Case No. 24/2019, pending before the learned Tribunal / Executing Court, Ranchi.

This Court has heard the appeal on the point of stay. Appellant is directed to deposit the entire awarded amount along with interest before the learned Tribunal / Executing Court in terms of the award passed by the learned Tribunal, which shall be deposited by the Tribunal / Executing Court in any nationalized bank and shall not be disbursed in favour of the claimants till the claimants appear before this Court.

The amount shall be deposited within 60 days from the today and to that effect the affidavit must be filed. If the said amount is deposited, the learned Tribunal / Executing Court shall not proceed in the matter and the amount shall not be disbursed to the claimants till specific order is passed by this Court.

I.A. No. 6941/2019 is disposed of.

(Kailash Prasad Deo, J.) Sunil/-