Icici Lombard General Insurance ... vs Shila Devi
2021 Latest Caselaw 1335 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   M.A. No. 120 of 2012
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ICICI Lombard General Insurance Company Limited .... Appellant(s) Versus.

1. Shila Devi

2. Priti Kumari

3. Niraj Kumar Singh

4. Lalpari Devi

5. Amlesh Kumar Singh ... Respondent(s).

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

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For the appellant(s): Ms. Swati Shalini, Advocate. For the Respondents Mr. Raviv Anand, Advocate.

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22/16.03.2021: Counsel for the Insurance Company, relying upon the judgment passed by the Hon'ble Supreme Court of India in the case of Ramkhiladi & Another Vs. United India Insurance Cor. Ltd. & Another reported in (2020) 2 SCC 550, submits that since the motorcycle was borrowed by the deceased and the claim has been preferred against the insurer of the said motorcycle and not against the offending vehicle, the deceased is not entitled to get any amount of compensation.

Counsel for the claimant(s), relying upon the judgment passed by the Hon'ble Supreme Court of India in the case of Ningamma and Another Vs. United India Insurance Cor. Ltd. & Another reported in (2009) 13 SCC 710 and also the judgment of the Division Bench of this Court, submits that the claimant(s) is entitled for compensation amount.

Considering the rival submissions of the parties, this appeal will be head. Admit.

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