Branch Manager vs Logi Kisku & Ors
2023 Latest Caselaw 1793 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     (Civil Miscellaneous Appellate Jurisdiction)
                             M.A. No. 187 of 2018
                                     ......

Branch Manager, New India Assurance Co. Ltd. ...... Appellant

Versus Logi Kisku & Ors. . .......Respondents .....

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ......

      For the Appellant                   : Mr. Alok Lal, Advocate
      For the Respondent-owner            : Mr. Amit Kumar Das, Advocate
                                            Ms. Swati Shalini, Advocate
                               -----

The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that audio and video qualities are good.

08/ Dated: 27/04/2023

Learned counsel for appellant-New India Assurance Co. Ltd., Mr. Alok Lal has submitted, that appellant has assailed the impugned award only on the ground that the observation recorded at para 10 in page no.9 of the impugned award that Insurance Company is liable to pay the compensation amount and since there has been a breach of policy, the Insurance Company will have right to recover from the insured, the amount paid to the claimants, but the same has not been incorporated in the operative part of the award dated 19.12.2017 passed by learned District Judge-1-cum-Presiding Officer, M.A.C.T., Jamtara in Motor Accident Claim Case No.12 of 2011.

Learned counsel for the appellant has further submitted, that the appeal has been preferred on 04.04.2018 with delay of 12 days and for condonation of the same I.A. No.4825 of 2018 has been filed.

Learned counsel for the appellant has further submitted, that while issuing notice upon the owner and claimants by this Hon'ble Court on 05.04.2021, the notice was issued upon the respondent-owner, namely, Sita Murmu, D/o Mr. B.N. Manjhi, R/o Village- Khijuria, Banderjori, P.S.- Dumka Mufasil, District- Dumka and also at her present address at Sector I/C, Quarter No.14, P.O. & P.S.- Bokaro Steel City, District- Bokaro, who has put her appearance through her counsels on 26.09.2022, but no cross-objection or any separate appeal has been filed against the observation made by the learned Tribunal.

Learned counsel, Mr. Amit Kumar Das assisted by learned counsel for the respondent-owner, Ms. Swati Shalini has submitted, that since the delay has not been condoned, as such, it would not be proper to consider that the appeal has been filed to satisfy his argument.

Learned counsel, Mr. Amit Kumar Das assisted by learned counsel for the respondent-owner, Ms. Swati Shalini has prayed for two weeks time so as to place some judgments before this Court.

Put up this case on 09.05.2023.

(Kailash Prasad Deo, J.) R.S./