Branch Manager vs Jagdish Rajwar
2021 Latest Caselaw 1359 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   [Civil Miscellaneous Appellate Jurisdiction]
                          M.A. No. 166 of 2018
         Branch Manager, Bajaj Allianz General Insurance Co. Ltd..... .. ... Appellant(s)
                                     Versus
         1.Jagdish Rajwar
         2.Tulsi Devi
         3.Pancham Kant Kushwaha                             .. ... ... Respondent(s)
                          ...........

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

       For the Appellant(s)           :    Mr. Alok Lal, Advocate.
       For the Respondent(s)          :
                          ..........

05 / 17.03.2021. Heard, learned counsel for the appellant.

Learned counsel for the appellant has submitted that appellant- Bajaj Allianz General Insurance Co. Ltd. has preferred this appeal against the award/judgment dated 21.12.2017 passed by learned Presiding Officer, MVACT, Hazaribag in Motor Accident Claim Case No.11 of 2013 whereby the claimants, namely, 1.Jagdish Rajwar and

2.Tulsi Devi have been awarded compensation to the tune of Rs.3,28,500/- along with interest @ 6% per annum from the date of framing of the issue i.e. 15.06.2015 to be paid within 45 days, failing which, the awarded amount shall carry interest @9% per annum.

Learned counsel for the appellant has further submitted that though there is violation of the terms and conditions of the policy and to that effect, the Insurance Company has examined one Ankit Tripathi as OPW-1 and also brought certain documents on record, but the learned Tribunal has fastened the liability upon the Insurance Company and the owner of the offending vehicle has not been saddled with the liability, as such, notice may be issued to the owner of the offending vehicle.

Learned counsel for the appellant has further submitted that notice may also be issued to the claimants.

Considering such submissions, let notice be issued to the respondent Nos.1 to 3 [both the claimants/respondent Nos.1 & 2, i.e. 1.Jagdish Rajwar, S/o Late Karmu Rajwar, 2.Tulsi Devi, W/o Jagdish Rajwar, Both residents of Village & P.O. Nawadih, Banjore, P.S. Gola, District- Ramgarh] and 3.Pancham Kant Kushwaha, S/o Late Janak Mahto, Resident of Jara Basti, Chitarpur, P.S. & District- Ramgarh, owner of Tractor/ Trailer No. JH-02N-7397] under both process i.e. under Registered Cover with A/D as well as under ordinary process, for which, requisites etc., must be filed within two weeks.

Put up this case after service of notice.

Sandeep/                                                           (Kailash Prasad Deo, J.)