The Branch Manager vs Sushama Biwi @ Susema Bewa And ...
2022 Latest Caselaw 672 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 M. A. No. 545 of 2016
                                              -----

The Branch Manager, ICICI Lombard General Insurance Co. Ltd.

.. Appellant(s).

Versus Sushama Biwi @ Susema Bewa and Others. ... Respondent(s)

------

CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

(Through: Video Conferencing)

-----

For the appellant(s): Mr. Bibhash Sinha, Advocate. For the claimant(s): Mr. Gautam Kumar, Advocate. For the Owner: Mr. Durga.C. Mishra, Advocate.

----

07/23.02.2022: Learned counsel for the appellant submits that considering the nature and manner as to how the accident has occurred, the claimants' claim application filed under Section 166 of the M.V. Act is not maintainable. He further submits that it is the deceased who was at fault and no other vehicle was involved in this case . He submits that the deceased cannot take benefit of his own wrong and rash act. In support of his contention, he has relied upon the judgment of the Hon'ble Supreme Court of India in the case of National Insurance Company Limited Vs. Ashalata Bhowmik and Others reported in (2018) 9 SCC 801 (Para-7).

At this juncture, learned counsel for the claimants prays for some time.

Considering the issue involved in this case, this appeal will be heard. Admit.

No notice needs to be issued as the respondents have already appeared through their Vakalatnama.

Lower court records is also available and the same is kept with this appeal.

Anu/-C.P.2. (ANANDA SEN, J.)