Ramsheela Devi & Ors vs Puran Chandra Swasi
2021 Latest Caselaw 1330 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Miscellaneous Appellate Jurisdiction)
                          M.A. No. 304 of 2020
                               ......

      Ramsheela Devi & Ors.                                    ...... Appellants
                                Versus
      Puran Chandra Swasi                                      ......Respondent

      CORAM:        HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                    (Through : Video Conferencing)
                                ......
      For the Appellants                   : Mr. Pradipto Mitra, Advocate
      For the Respondents                  :
                                -----
05/Dated: 16/03/2021.

            Heard, learned counsel for the appellant.

The claimants namely, (1) Ramsheela Devi, (2) Sujit Kumar Singh and (3) Vivek Kumar Singh are the appellants before this Court. They have preferred this appeal for enhancement of the award dated 04.07.2020 passed by learned District Judge-III, Jamshedpur, East Singhbhum in Motor Accident Claim Case No.190 of 2018 whereby the claimants have been awarded compensation to the tune of Rs.6,05,000/- along with interest @ 6% per annum from the date of filing of the claim application till payment.

Learned counsel for the appellants, Mr. Pradipto Mitra has assailed the impugned award on the ground that deceased (Arvind Kumar Singh) was a teacher in a private school known as Madhya Vidalaya, Jadugora and he was getting salary of Rs.13,000/- and to that effect Exhibit-4 has been brought on record, which was also proved by A.W.-2 (Santosh Kumar Singh) a teacher of the same school.

Learned counsel for the appellants has submitted that less compensation has been awarded to the claimants and that too with interest @6% per annum contrary to the judgment passed by the Apex Court in the case of Dharampal & Sons Vs. U.P. Transport Corporation, reported in (2008) 4 JCR 79 SC.

Learned counsel for the appellants in support of his submission has relied upon the judgment passed by the Apex Court in the case of Anita Sharma vs. The New India Assurance Company Limited reported in 2021 (1) SCC 171 para 21.

Learned counsel for the appellants has further submitted that though the vehicle was not insured, but the owner of the vehicle, Puran Chandra

Swasi, S/o Maheshwar Swasi, R/o A 64/506, UCL Colony, Jadugora, P.O. & P.S. Jadugora, Distt. Singhbhum East (Owner cum driver of the offending vehicle Motorcycle bearing registration No.JH-01C-0291) has not appeared inspite of the issuance of notice and the matter was proceeded ex-parte.

The criminal case was instituted vide Jadugora P.S. Case No.02 of 2011 dated 13.01.2011 under Sections 279 and 304A of the IPC and the chargesheet was also submitted vide No.73 of 2011 dated 30.11.2011, but the vehicle was released even though the vehicle was not insured. Under the aforesaid circumstances, this Court may enhance the compensation and also call for LCR.

Considering such submissions, this Court is inclined to call for LCR, which shall be received before this Court by 22.03.2021.

Let notice be issued to sole respondent, Puran Chandra Swasi, S/o Maheshwar Swasi, R/o A 64/506, UCL Colony, Jadugora, P.O. & P.S. Jadugora, Distt. Singhbhum East (Owner cum driver of the offending vehicle Motorcycle bearing registration No.JH-01C-0291) under both the process, i.e. under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within a period of one week.

Let a report be called for from the learned Principal District Judge, Jamshedpur on the following points:-

(i) What is the stage of criminal trial of Jadugora P.S. Case No.02 of 2011; whether the accused are absconding or they are contesting the case; whether the case is pending or disposed of?

(ii) How the vehicle was released?

(iii) Whether the insurance paper was perused by the court below or not before its releasing the seized vehicle?

(iv) Whether on the date of alleged occurrence, the vehicle was insured or not? If the vehicle was not insured then whether the learned Tribunal has followed the guidelines passed by the Apex Court in the case of Jai Prakash Vs. National Insurance Co. Ltd., reported in 2010 (2) SCC 607 para 41, that if vehicle is not covered by the Insurance Policy coverage, in such cases security or cash deposit is to be made within a period of three months.

The report must be submitted before this Court by Friday i.e. 19.03.2021.

Let the copy of order be communicated through FAX to the court concerned at once.

Let the case be listed on 23.03.2021 as the second case.

(Kailash Prasad Deo, J.) R.S.