Divisional Manager New India ... vs Tetri Devi Wife Of Late Ramlal ...
2022 Latest Caselaw 1903 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     M.A. No.301 of 2018
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Divisional Manager New India Assurance Co. Ltd., D.O.I, Ashok Automobiles Building, Main Road, P.S. Hindpiri, P.O. & District Ranchi ... Appellant

-versus-

1. Tetri Devi wife of Late Ramlal Oraon, Residing at Village Bahagar, P.O. & P.S. Bishunpur, District Gumla at present residing at Itki Road, P.S. Sukhdeo Nagar, P.O. & District Ranchi.

2. Sima Devi wife of Ajit Kumar, Resident of Haraiya Kamta, Chandwa, P.S. & P.O. Chandwa, District Latehar.

... Respondents

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN

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For the Appellants: Mr. Alok Lal, Advocate For the Respondents: Mr. Nikhil Ranjan, Advocate

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5/ 10.05.2022 M.A. No.301 of 2018 This case is detatched from linked case M.A. No. 168 of 2019. I.A. No. 4676 of 2019 There is a delay of 8 days in filing this appeal. Through this interlocutory application, the appellant has prayed for condoning the delay in filing this appeal.

After going through the averments made in this interlocutory application, especially in paragraphs 4 to 10 thereof, I find that sufficient grounds have been shown to condone the delay in filing this appeal. I am inclined to allow this interlocutory application. Delay of 8 days in filing this appeal is condoned.

This interlocutory application is allowed. M.A. No.301 of 2018 This miscellaneous appeal has been filed by the appellant- Insurance Company challenging the award dated 05.02.2018 passed by the Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No.264 of 2010.

This appeal is being disposed of at this stage itself. Counsel appearing on behalf of the Insurance Company has raised only one point, i.e., in view of the admitted facts that there was violation of terms and conditions of policy as deceased was a gratuitous passenger aged about 4 years in a good carrying vehicle, Tribunal could not have directed the Insurance Company to pay the amount of compensation.

After going through the impugned award, I find that there was violation of the terms and conditions of the policy. A four year child was

travelling with his mother in a goods carrying vehicle, which met with an accident as he fell down after the vehicle turned turtle. Further, I find that the Tribunal has ordered that the Insurance Company will be at liberty to recover the amount from the owner of the vehicle. Thus, this Court finds that the principle of "pay and recover" has been applied in this case and right to recover the amount of compensation has been granted in favour of the Insurance Company. That being so, in fact, it cannot be said that the Insurance Company is aggrieved by the judgment and award as the interest of the Insurance Company has been safeguarded.

Considering the aforesaid facts, I find no merit in this appeal. This appeal is, accordingly, dismissed. The statutory amount deposited by the appellant-Insurance Company at the time of filing of this appeal be returned to the appellant-Insurance Company.

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