The Oriental Insurance Co. Ltd. vs Joba Bhuiyan
2022 Latest Caselaw 4344 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   M.A. No. 87 of 2015

      The Oriental Insurance Co. Ltd., Divisional Office
      at Hindustan Building, Bistupur, P.O. & P.S. Bistupur
      Jamshedpur, Dist. East Singhbhum, represented through
      its legal cell, Circular Road, Ranchi, P.O. & P.S. Lalpur
      District Ranchi.                                          .... APPELLANT

                                     -VERSUS-
      1. Joba Bhuiyan
      2. G.P. Gatwal
                                                               ...RESPONDENTS
     CORAM: THE HON'BLE DR. JUSTICE S.N.PATHAK
       For the Appellant       :        Mr. Manish Kumar, Advocate.
       For the Resp. No. 1     :        Mr. J.N. Upadhyay, Advocate
       For the Resp. No. 2     :        Mr. Samavesh Bhanj Deo, Advocate
                                        ----------

13/ 01.11.2022 Heard the parties.

2. Instant appeal has been filed assailing the judgment and award dated 23.09.2014, passed in Compensation Case No. 07 of 2009, by the learned District Judge-III-cum-MACT, Jamshedpur, whereby the learned Tribunal has been pleased to award a sum of Rs.2,52,600/- to the claimant along with interest @ 9% per annum from the date of filing of the claim case till its final realization and directed the appellant-Insurance Co. to make payment within a period of 30 days of this order.

3. Before passing the final award, the learned Tribunal after hearing the parties and examining the documents brought on record, framed eight issues for proper adjudication of the case.

4. Learned counsel for the appellant-Insurance Co. very fairly submits that Insurance Co. is aggrieved with issue No. III only and has become subject matter of challenge and hence, this appeal has been preferred. Learned counsel submits that the findings of the learned Tribunal is erroneous since the learned Tribunal has come to a finding without taking into consideration that the documents of the Insurance Policy which has been produced before the learned Tribunal was a fake

one. Learned counsel submits that though specific stand was taken by the appellant-Insurance Co. in the written statement but surprisingly the learned Tribunal in its finding in the impugned order at para-9 has come to a conclusion that there is no specific denial of the Insurance Policy by the Insurance Co. Learned counsel submits that the findings of the learned Tribunal is perverse and against the material brought on record.

5. Mr. Shadab Bin Haque, learned counsel for the opposite party No. 2 submits that genuineness of the Insurance Policy cannot be questioned as ample opportunity was given to the Insurance Co. to lead evidences but since they failed to do so, rightly, the learned Tribunal has come to a finding and has slapped the Insurance Co. with the aforesaid amount, which requires no interference.

6. After hearing the parties and after perusing the documents brought on record and the lower court record, prima facie it appears that the documents related to Insurance Policy, varies from each other in different records. Under such circumstances, it would be proper if an opportunity is given to the parties to adduce their respective evidences before the learned Tribunal with respect to Issue No. III (Whether the said vehicle was insured at the relevant time?).

7. Accordingly, the matter is remanded back to the learned Tribunal for deciding the issue No. III as framed by it, in accordance with law. The parties are at liberty to adduce evidences regarding the genuineness of the Insurance Policy.

8. If the matter is decided in favour of the claimants, the appellant- Insurance Co. is directed to satisfy the Award as per the terms and conditions stipulated in the Award. If the matter is decided against the claimant and in favour of the appellant-Insurance, let a finding to that effect be recorded by the learned Tribunal and the same shall be made available to this Court and thereafter, the final order shall be passed.

9. Let the entire exercise will be done within a period of 12 weeks from the date of receipt/ production of a copy of this order.

10. Office is directed to immediately send the LCR along with a copy of this order to the Court concerned for needful.

11. Let the parties appear the learned Tribunal after three weeks, preferably by 24.11.2022. If the parties failed to appear, the learned Tribunal is free to issue notice and thereafter, pass final order, after hearing the parties and after adducing the evidences on issue No. III.

12. List this case accordingly.

(Dr. S.N. Pathak, J.) kunal/-