The Branch Manager vs Nena Sinha
2021 Latest Caselaw 4333 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  M.A. No. 198 of 2015
                                          With
                                   I.A. No. 5414 of 2017
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The Branch Manager, Oriental Insurance Company Limited, Ranchi .... Appellant(s)

-Versus-

1. Nena Sinha

2. Nand Kishore Prasad

3. Smt. Sushma Sinha

4. Rupa Kumari

5. Mayank Sinha

6. Manshi Sinha

7. Rekha Jain .... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE ANANDA SEN.

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For the appellant(s): Mr. Pratyush Kumar, Advocate. For the Respondent(s):

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06/22.11.2021: Heard the learned counsel for the appellant.

This appeal has been filed challenging the award/judgment dated 29.1.2015 passed by learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribagh in Claim Case No. 241 of 2010.

The only ground, which the learned counsel for the appellant has canvassed before this Court is that the goods carrying vehicle, which is Pick-up Van being registration No. JH 02G 2212, was plying without permit and the deceased was a gratuitous passenger. So Insurance Company cannot be saddled with the liability to pay the compensation.

During course of argument and after going through the record, I find that the said vehicle was duly insured by the appellant-Insurance Company and the deceased was a gratuitous passenger.

Considering all aspects, the Tribunal has given the right to recover the amount of compensation to the Insurance Company from the owner of the vehicle. Thus the right of the Insurance Company has been protected in the Award.

The Insurance Company is directed to recover the amount of compensation from the owner of the vehicle, after satisfying the award.

With the aforesaid observation and direction, this appeal is dismissed. Since the main appeal has already been dismissed, the instant Interlocutory Application (I.A. No.5414 of 2017) is also disposed of.

The statutory amount, which has been deposited at the time of filing of this appeal before this Court, should be refunded to the appellant-Insurance Company.

Anu/-CP2. (ANANDA SEN, J.)