Satyadeo Kumar Kanwar vs Prabhu Yadav And Others
2021 Latest Caselaw 1316 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                Cross Objection No. 19 of 2021
                                              IN
                                  Misc. Appeal No. 510 of 2014
                                               -----

               Satyadeo Kumar Kanwar                          .... Appellant(s)
                                        Versus.
               Prabhu Yadav and Others                        ... Respondent(s).
                                               AND
            1. Prabhu Yadav
            2. Tuntun Yadav
            3. Girendra Yadav                                 .... Cross Objectors.
                                        Versus
            1. Satyadeo Kumar Kanwar
            2. Mahadeo Mahto
            3. United India Insurance Co. Ltd.                ..... Respondents.
                                         ----
          CORAM: HON'BLE MR. JUSTICE ANANDA SEN
                     THROUGH VIDEO CONFERENCING.
                                        -----

          For the Cross Objector(s):      Mr. Arvind Kr. Lall, Advocate.
          For the Insurance Co:           Mr. G.C. Jha, Advocate.
                                          -----

03/16.03.2021:        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.

2. Heard the counsel for the parties.

3. In this Cross Objection, the judgment/award dated 8.9.2014 passed by the Principal District Judge-cum-P.O. MVACT. Giridih in M.V. Claim Case No. 33/2011 has been challenged.

4. This Cross Objection has been filed by the claimants. By the impugned order, The Tribunal, after framing issues and recording the evidence awarded an amount of Rs.4,39,000/- along with interest to the claimants by way of compensation. Though the award was passed on 8.9.2014, this Cross Objection has been filed only on 19.2.2021 i.e. after seven years. On query, the counsel for the cross objectors submits that only after pronouncement of the judgment of the Hon'ble Supreme Court passed in National Insurance Co. Limited Vs Pranay Sethi and Others reported in (2017) 16 SCC 680, this objection petition has been filed challenging the award.

5. From the contention of the parties, I find that when the award was passed in this case, initially they were not aggrieved and thus, they did not file any appeal nor file any cross objection to the Misc. Appeal No. 510/2014. If the claimants would have been aggrieved by the quantum of the Award dated 8.9.2014, the claimants should have approached this Court, but they did not do so. They also did not file any cross objection immediately when M.A. No. 510 of 2014 was filed, which clearly suggests that the claimants were not aggrieved by the Award. It is only when the judgment in the case of Pranay Sethi (Supra) was pronounced, this cross objection has been filed i.e. after much delay.

6. Further I find that the Tribunal has awarded an amount of Rs.4,39,000/- along with interest to the claimants/cross-objectors by way of compensation. I am of the opinion that the Tribunal has correctly assessed the quantum. The award so far it relates to assessment of quantum is reasoned and needs no interference.

7. Thus, this Cross Objection is dismissed.

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