National Insurance Co. Ltd. vs Mira Banerjee And Others
2021 Latest Caselaw 4469 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               M.A. No. 299 of 2015
                                          ------

National Insurance Co. Ltd., Divisional Manager, Dhanbad ...Appellant(s).

                                    Versus
            Mira Banerjee and others                                ... Respondent(s)
            CORAM       :      HON'BLE MR. JUSTICE ANANDA SEN.
                                          ------
            For the Appellant(s)          : Mr. Alok Lal, Advocate.
            For the Respondent            :

09/29.11.2021:        Mr. Alok Lal, learned counsel submits that appellant National Insurance

Company has got no liability in view of the fact that the specific averment has been made in the written statement to the effect that the offending motorcycle was being driven without a valid driving licence. He submits that the Tribunal should have decided the aforesaid issue but erroneously has held in the judgment that the said issue was not pressed when in fact that was one of the main grounds of contention. He submits that right to recovery at least should have been granted in favour of the Insurance Company. I find that if at all the right to recovery is granted, it would be against the respondent no. 4 who is represented by Mr. Sandip Kumar Barnwal, Advocate but today he is absent in the Court. To give one more opportunity to him this case is adjourned for two weeks.

The Tribunal is directed to disburse the balance amount to the claimants after proper identification. Let a copy of this order be FAX to the Tribunal.

      Rajnish/c.p.2                                                    (ANANDA SEN, J.)