Divisional Manager vs Sushila Minj
2022 Latest Caselaw 316 Jhar

Citation : 2022 Latest Caselaw 316 Jhar
Judgement Date : 7 February, 2022

Jharkhand High Court

Divisional Manager vs Sushila Minj on 7 February, 2022

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Misc. Appeal No. 105 of 2013

Divisional Manager, National Insurance Co. Ltd., Gumla .... ....Appellant
                            Versus

1. Sushila Minj
2. Sanjay Minj
3. Nirmal Minj
                                                 ....   ....   Respondents
                          ------

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

------

For the Appellant : Mr. D.C. Ghose, Advocate For the Respondents : Mr. Atanu Banerjee, Advocate

Oral Order 14 / Dated : 07.02.2022

1. The Insurance Company has preferred this appeal against the judgment and award dated 30.01.2013 passed by the Principal District Judge-cum-M.A.C.T., Gumla in M.A.C. Case No. 33 of 2003 whereby and whereunder, the compensation of Rs.2,00,000/- with interest at the rate of 5% per annum has been awarded against the appellant and in favour of claimants.

2. The deceased being the owner-cum-driver of the Mahindra Truck bearing No. JH 07 A - 3280 on the fateful day while unloading stone from the trailor was overrun by the tractor when it went out of control and started moving backwards

3. Appeal has been preferred mainly on the ground that that the owner will not come within the purview of third party and, therefore, the Insurance Company will not be liable under the Motor Vehicle Act to pay the compensation amount to the claimants. However it is fairly admitted in paragraph-6 of the written statement filed on behalf of the Insurance Company there is admission in the policy that the claimants were entitled for the coverage of risk for the owner and the driver to the extent of Rs.2,00,000.

3. Learned counsel for the respondents submits that after proper appreciation of the evidence, the award has been fairly passed.

4. In view of the fact that award of compensation has made for only Rs 2,00,000 therefore there is no ground for interference.

The appeal is, accordingly, dismissed. The Insurance Company is permitted to withdraw the statutory amount. The Insurance Company will also be liable to pay the interest on the compensation at the rate of 7.5% from the date of the application. The payment shall be made within a month of the order.

(Gautam Kumar Choudhary, J.)

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