Priyatam Mistry & Another vs Hdfc
2021 Latest Caselaw 1520 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 58 of 2018
                         ........

Priyatam Mistry & Another .... ..... Appellants Versus HDFC, ERGO General Insurance Ltd. & Others ..... ..... Respondents

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

For the Appellants : Mr. Prashant Kumar Rahul, Advocate.

For the Respondents         :
                                       ........
04/24.03.2021.

Heard, learned counsel for the appellants, Mr. Prashant Kumar Rahul.

Learned counsel for the appellants has submitted that notice, which has been earlier issued upon respondents, have been validly served upon them.

Learned counsel for the appellants has submitted that claimants namely, Priyatam Mistry and Vinita Devi have preferred this appeal for enhancement of the award dated 18.01.2018 passed by learned District Judge - 2nd - cum - MACT, Latehar in Motor Accident Claim Case No. 30/2015, whereby claimants have been awarded compensation to the tune of Rs. 2,05,000/- along with interest @ 7% per annum from the date of filing of the claim application i.e. 14.07.2015 till its realization.

Learned counsel for the appellants has submitted that the deceased Suraj Kumar, aged about 08 years, died in a road accident caused by Dumper / Hywa bearing registration no. JH-09A(T)-9871 on 26.02.2015 at about 7:30 A.M. and in view of the judgment passed by the Delhi High Court in the case of Chetan Malhotra Vs. Lala Ram (2016 SCC Online Del 2981), the compensation is fit to be enhanced.

Learned counsel, Mr. S.J. Roy has appeared on behalf of the HDFC, ERGO General Insurance Ltd. and has submitted that he will appear in this case on behalf of HDFC, ERGO General Insurance Ltd. within one week by filing Vakalatnama.

Learned counsel, Mr. S.J. Roy has submitted that the same award has been assailed by the Insurance Company in M.A. No. 195/2018, as such, both the appeal may be heard together.

Put up both the appeals i.e. M.A. No. 58/2018 and M.A. No. 195/2018 in the monthly cause list of April, 2021.

In the meantime, parties are directed to exchange their pleadings.

(Kailash Prasad Deo, J.) Sunil/-