Jharkhand High Court
Om Prakash Barnwal vs United India Insurance Co. Ltd on 8 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4225 of 2013
Om Prakash Barnwal ....... Petitioner
Versus
United India Insurance Co. Ltd.,
Jhumritelaiya branch, Koderma and Ors. .... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. Amit Kumar Das, Advocate
For the Respondents : Mr. G.C. Jha, Advocate
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th
06/Dated: 08 August, 2022
This writ petition is under Article 227 of the Constitution of India,
wherein, the order dated 27.05.2013 passed by the learned Principal District
Judge-cum-Motor Accident Claims Tribunal, Koderma in Execution Case
No.08 of 2012, is under challenge, whereby and whereunder, the petition
filed on behalf of the petitioner for passing an order under Section 174 of the
Motor Vehicles Act 1988 has been rejected.
It has been submitted that the payment, in the entirety has been made
by the writ petitioner in favour of the claimant, by virtue of the Award dated
11.03.2008 passed in M.A.C.T. Case No.04 of 2006, whereby and
whereunder claimants are held entitle to compensation of Rs.5,85,500/- with
interest @ 6% per annum, by fixing the entire liability upon the writ
petitioner.
The writ petitioner being aggrieved with the Award dated 11.03.2008
passed in M.A.C.T. Case No.04 of 2006, has questioned the same by filing
an appeal, being M.A. No.115 of 2008, which was disposed of vide
judgment dated 18.11.2009. The same has been allowed with the following
direction:
"(1) The Tribunal shall decide only the genuineness and
validity of the driving licence so produced by the appellant by
allowing him to adduce evidence.
(2) After deciding the genuineness of the driving licence,
after recording a finding with regard to the driving licence,
the Tribunal shall decide as to who is liable to pay the
compensation amount.
(3) In the meantime both the appellant and the respondent-
Insurance Company shall deposit the compensation amount in
equal share before the Tribunal and the same shall be paid to
the claimants-respondents.
(4) In the event the liability is decided in favour of one
party, the other party shall recover the amount so paid to the
claimants."
The writ petitioner in pursuance to the aforesaid judgment passed by
this Court in M.A. No.115 of 2008, has deposited a sum of Rs.2,67,750/-
through cheque on 27.01.2010 and also paid Rs.25,000/- on 23.08.2010,
thus, the total amount of Rs.2,92,750/- have been paid by the writ petitioner
in favour of the claimant.
The Motor Accident Claims Tribunal, Koderma on the basis of the
judgment passed by this Court in M.A. No.115 of 2008, decided on
18.11.2009, has passed a final judgment on 01.12.2011, holding that the
driver of the vehicle had a valid driving licence and as such, the Insurance
Company is only liable to pay compensation.
The writ petitioner, in the aforesaid backdrop, and in consequence
thereto, has filed a petition by invoking the jurisdiction conferred to the
Tribunal under Section 174 of the Motor Vehicles Act, 1988 for refund of an
amount of Rs.2,92,750/- which has been paid in terms of para 3 of the
direction contained in the judgment passed in M.A. No.115 of 2008, but, the
same has been rejected vide order dated 27.05.2013.
In course of argument, Mr. Amit Kumar Das, learned counsel
appearing for the writ petitioner has submitted that if an amount of
Rs.2,92,750/- will be refunded in favour of the writ petitioner, the same will
be suffice.
Upon this, Mr. G. C. Jha, learned counsel appearing for the United
India Insurance Co. Ltd., on instruction, submitted that an amount of
Rs.2,92,750/- as referred in paragraph 6 and the reference of the said amount
has also been made in the impugned order, the respondent- United India
Insurance Co. Ltd. is ready to refund it back in favour of the writ petitioner.
Learned counsel appearing for the parties have submitted that the
matter can be settled and as such may be referred before the National Lok
Adalat scheduled to be held on 13.08.2022.
In view thereof, the matter is being referred to the National Lok
Adalat scheduled to be held on 13.08.2022.
(Sujit Narayan Prasad, J.)
Saket/-
