National Insurance Company Ltd vs Anati Murmu & Ors
2022 Latest Caselaw 1526 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             M.A No. 380 of 2015
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National Insurance Company Ltd. .... .... Appellant(s).

                                   Versus
      Anati Murmu & Ors.                              .... .... Respondent(s)
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      CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
      THROUGH : VIDEO CONFERENCING
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For the Appellant(s) : Mr. Amresh Kumar Advocate For the Respondent No. 1 to 3 : Mr. Arvind Kumar Lal, Advocate For the Respondent No.4 : Md. I. Khan, Advocate

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11/13.04.2022 Heard in part.

Report of the Special Investigating Team (SIT) constituted pursuant to the order dated 15.12.2021 has been placed before this Court which runs in fifteen pages along with twenty five Annexures bearing Annexure I to Annexure-XXV accompanied by compact Disc (C.D) with Pen- Drive which are soft copy of the report. C.D and Pen-Drive should be kept in sealed cover in safe custody of Registrar General, High Court of Jharkhand.

Office is directed to make copies of the report and hand over one copy each to Mr. Arvind Kumar Lall, counsel appearing on behalf of the claimants, Mr. Amresh Kumar, counsel appearing on behalf of the appellant-Insurance Company and Md. I. Khan, counsel appearing on behalf of owner of the offending vehicle i.e motorcycle, immediately.

I have perused the record. From perusal of the record, I find that SIT has concluded that this claim is fake in which amongst other, conducting lawyer namely Mr. Shakil Ahmed, Advocate, Civil Court, Pakur is also involved.

Considering the aforesaid part of the report, Jharkhand State Bar Council be impleaded as party respondent in this appeal. Mr. Rajendra Krishna, Chairman of the Bar Council who is present during proceeding accepts notice on behalf of Bar Council.

Let a copy of this order along with the order dated 15.12.2021, passed in this case, be served upon him. Further since there is serious allegation against Mr. Shakil Ahmed, Advocate, Civil Court, Pakur. Let notice be issue to him after impleading him as respondent in this case. Notice will be served upon him through Bar Council, who will forward a copy of this order to him either by FAX, E-mail or by WhatsApp which will be deemed to be validly served upon him.

Mr. Alok Lal, Advocate, who was also present during proceeding of this case on hearing matters submits that there are several other cases from the same District involving the same lawyer, wherein the claim applications can be said to be fake applications, which also needs attention.

Considering the aforesaid submission and also gravity of this case, I appoint Mr. Pratik Sen, Advocate of this Court as Amicus Curiae.

Office is directed to hand over a copy of this order along with order dated 15.12.2021, passed in this case to Mr. Pratik Sen, Advocate.

Office will also serve a copy of SIT report and copy of memo of appeal along with the judgment of the Tribunal to Mr. Pratik Sen, Advocate as well as Mr. Rajendra Krishna, Chairman of the Bar Council.

List this case on 18.04.2022 at 2.15 p.m for further hearing.

(ANANDA SEN , J) anjali/cp2