Urmila Devi vs Sri Sunil Kumar
2021 Latest Caselaw 1419 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                   [Civil Miscellaneous Appellate Jurisdiction]
                           M.A. No. 88 of 2018
         1.Urmila Devi
         2.Birendra Sahu
         3.Vikash Kumar                                     .... .. ...   Appellant(s)
                                    Versus
        1.Sri Sunil Kumar, S/o Sri Surendra Prasad Roy, Civil Surgeon Office, Chatra,
          P.O & P.S. Chatra, District- Chatra, Jharkhand.
        2.The Bazaz Allianz General Insurance Company L.T.D., Ranchi
                                                                  .. ... ... Respondent(s)
                         ...........

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

For the Appellant(s) : Mr. Vijay Kr. Sharma, Advocate.

      For the Respondent(s)          :
                         ..........

03 / 19.03.2021. Heard, learned counsel for the appellants.

Learned counsel for the appellants has submitted that the claimants,

1.Urmila Devi, 2.Birendra Sahu and 3.Vikash Kumar have preferred this Misc. Appeal for enhancement of the Award dated 17.07.2017 passed by learned District Judge 1st cum Additional Claim Tribunal, Chatra in Claim Case No.02 of 2013 whereby claimants have been awarded compensation to the tune of Rs.2,12,000/- including the amount under no fault liability with interest @7.5% per annum from the date of petition till realization of amount by account payee cheques to the claimants in equal proportion.

Learned counsel for the appellants has further submitted that the liability has been fastened upon the respondent No.2-The Bazaz Allianz General Insurance Company L.T.D. and owner of the offending vehicle, but there is delay of 119 days in preferring the appeal and for condonation of the same, I.A. No.1898 of 2018 has been preferred before this Court.

Learned counsel for the appellants has further submitted that income of the deceased has been considered on the lower side and Future prospect has not been granted. Apart from that under the conventional head, less amount has been paid, as such, there is every likelihood of enhancement of the impugned Award.

Considering the same, let notice be issued to the respondent No.1 [Sri Sunil Kumar, S/o Sri Surendra Prasad Roy, Civil Surgeon Office, Chatra, P.O & P.S. Chatra, District- Chatra, Jharkhand, owner of the offending Qualis Vehicle bearing Registration No.JH-10G 0082] 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 a period of two weeks.

Learned counsel for the appellants is directed to serve two copies of memo of appeal, impugned judgment along with all relevant documents including the interlocutory application upon the counsel for the respondent No.2, Mr. Alok Lal who normally appears for the -The Bazaz Allianz General Insurance Company L.T.D.

The two copies of memo of appeal, impugned judgment along with all relevant documents including the interlocutory application must be served within two weeks.

Put up this case after service of notice.

(Kailash Prasad Deo, J.) Sandeep/