The Branch Manager vs Janardan Mondal Represented ...
2022 Latest Caselaw 2577 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  M.A. No.315 of 2016
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The Branch Manager, The Oriental Insurance Company Ltd., Dumka, represented through its Sr. Divisional Branch Manager, D.O.I, Ranchi ... Appellant

-versus-

Janardan Mondal represented through his wife Geeta Mondal & Others ... Respondents

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN

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For the Appellant : Mr. G.C. Jha, Advocate For the Respondents: None

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9/ 12.07.2022 M.A. No.315 of 2016 No one appears on behalf of the respondents. I.A. No. 3787 of 2016 WITH I.A. No. 5892 of 2022 There is a delay of 290 days in filing this appeal. Through these interlocutory applications, appellants has prayed for condoning the delay in filing this appeal.

After going through the averments made in these interlocutory applications, I find that sufficient cause has been shown for condoning the delay in filing this appeal at paragraphs 3 and 4 of I.A. No.3787 of 2016 and paragraphs 3, 4, 6 of I.A. No.5892 of 2022. I am inclined condone the delay in filing this appeal. Accordingly, delay of 290 days in filing this appeal is condoned.

I.A. No.3787 of 2016 and I.A. No.5892 of 2022 are, accordingly, disposed of.

I.A. No. 5734 of 2022 This interlocutory application has been filed by the appellant, praying for stay of Execution Case No.1 of 2016 and operation of impugned judgment/award dated 08.06.2015 passed by the District Judge-I-cum-P.O., MACT, Jamtara in MACT Case No.14 of 2011, on the ground that the insurance policy obtained for the offending vehicle was policy for private vehicle, but, admittedly, the vehicle was being used for commercial purpose, which violates the terms and conditions of the policy. Learned counsel for the appellant further submits that the quantum of compensation awarded is much on the higher side and there is no discussion in the impugned award about how the physical disability can be estimated at 70%.

Considering the said submission, I direct the Insurance Company to deposit the principle awarded amount before this Court within three weeks.

On depositing such amount, proceedings in Execution Case No. 1 of 2016, pending in the Court of the Additional District & Sessions Judge I-cum- M.A.C.T., Jamtara will remain stayed.

I.A. No. 5734 of 2022 stands disposed of.

(Ananda Sen, J.) Kumar/Cp-02