(The New India Assurance Co. Ltd. vs . Smt. Shanto Bala Devi & Ors.)
2022 Latest Caselaw 4297 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                          M.A. No. 160 of 2016
                (The New India Assurance Co. Ltd. Vs. Smt. Shanto Bala Devi & Ors.)
                                   .......

CORAM: - THE HON'BLE DR. JUSTICE S.N.PATHAK For the Appellant : Mr. Manish Kumar, Advocate For the Resp. Nos.1 to 3: Mr. P.C. Jha, Advocate .......

08/ 19.10.2022 In pursuant to the order dated 16.11.2021, it appears that notice was validly served upon respondent No. 4, as he has received the notice personally and put his signature but inspite of the same, the respondent No. 4 failed to appear before this Court.

It has been argued by learned counsel for the appellant that in view of the settled principle of law and in view of plethora of judgments of the Hon'ble Apex Court and also considering the findings of the learned Court below, since the vehicle in question was plying without permit, the Tribunal has erroneously put liability on the Insurance Co. to pay the entire awarded amount without granting liberty to recover the said amount from the Owner of the offending vehicle.

Since the case has been admitted for hearing and the Claimant has already received a sum of Rs.4,00,000/-, this Court is of the view that respondent No. 4 should be heard before passing final order in the instant appeal.

Let fresh notices be issued upon respondent No. 4 through Registered Cover with A/D as well as under Ordinary Process, for which, requisites, etc. must be filed within a period of two weeks, after ensuing Diwali holiday. The notice should be served through Officer Incharge of Asthawan Police Station of Nalanda District.

Let the Superintendent of Police, Nalanda ensure appearance of respondent No. 4 by taking appropriate steps, in accordance with law.

List this case in the 3rd week of December, 2022.

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