New India Assurance Company ... vs Manju Khandait & Ors
2022 Latest Caselaw 476 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   M.A. No. 463 of 2016
        New India Assurance Company Limited.......... Appellants
                               Versus
        Manju Khandait & Ors............                    Respondents
                               ......

Coram: Hon'ble Mr. Justice Ananda Sen Through: Video Conferencing ......

For the Appellant : Mr. Manish Kumar, Advocate For the Respondents : Mr. Anjani Kumar, Advocate ......

I.A. No. 2746 of 2019 5/15.02.2022 This interlocutory application has been filed to delete the name of Respondent No. 6 Namely Minor Chantu Khandait, who died during pendency of this appeal.

Considering the interlocutory application, let the name of Respondent No. 6 be deleted from the cause title of the main appeal.

Necessary correction in the cause title of the main appeal is to be carried out by the counsel for the appellant within two weeks in 'red ink'. I.A. No. 7759 of 2019 This interlocutory application has been filed to stay the execution proceeding being Execution Case No. 02 of 2019, pending in the court of Principal District Judge-cum-Motor Accident Claims Tribunal, West Singhbhum at Chaibasa.

By moving this interlocutory application, learned counsel for the appellant submits that he has challenged the award and if the insurance company is forced to satisfy the said award, it will be very difficult for the appellant to recover the money in case this appeal is answered in favour of the appellant insurance company. On this ground, he prays to stay the further proceedings of Execution Case No. 02 of 2019, pending in the court of Principal District Judge-cum-Motor Accident Claims Tribunal, West Singhbhum at Chaibasa.

After hearing the counsel for the appellant and after going through the record and the impugned judgment, I find that the insurance company has taken a plea that the deceased was a gratuitous passenger thus there was violation of the policy and, therefore, the owner is liable to pay the entire amount of compensation. From the argument and from the nature of the award, I find that if this appeal stands allowed the best relief, which can be granted to the insurance company is that the insurance company will have the right to recover the amount of compensation from the owner of the vehicle. Thus, it will not be proper to deprive the

claimants the fruit of the award, which is in their favour.

Thus, no useful purpose would be served in staying the execution case. The insurance company is directed to satisfy the award subject to final order, which will be passed in this appeal.

Thus, this interlocutory application (I.A. No. 7759 of 2019) is dismissed.

M.A. No. 463 of 2016 List this case under the heading 'for Admission'.

(Ananda Sen, J) Mukund/-cp.2