Iffco Tokio General Insurance Co. ... vs Hemanti Devi & Others
2023 Latest Caselaw 252 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   M.A. No.219 of 2020
                             ------

IFFCO TOKIO General Insurance Co. Ltd., Ranchi .... .... .... Appellant Versus Hemanti Devi & Others .... .... .... Respondents

------

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

For the Appellant : Mr. Bibhas Sinha, Advocate For the Respondents : Mr. Nikhil Ranjan, Advocate Mr. Nilesh Kumar, Advocate

------

Order No.04 Dated- 16/01/2023 I.A. No.7578 of 2022 Heard the parties.

2. Learned counsel for the respondent Nos.1 to 6 submits that this interlocutory application has been filed with a prayer for direction and order for disbursal of the amount deposited before the Registrar General of this Court vide order dated 07.09.2021.

3. Perusal of the record reveals that the impugned judgment and award, the sum of Rs.12,19,132/- along with simple interest @ 7% per annum on the award amount from the date of institution of the claim application that is on 21.02.2018 till the realization has been passed in favour of the claimants. It is submitted that the Registrar General of this Court be directed to remit the said amount of Rs.12,19,132/- deposited by the appellant to the tribunal concerned with interest if, any, accrued thereon in the account of the Registrar General of this Court.

4. Learned counsel for the appellant submits that the appellant has no objection, for disbursement of the said amount to the claimants.

5. Considering the facts and circumstances of this case, the Registrar General of this Court is directed to transmit Rs.12,19,132/- to the tribunal concerned to be paid to the claimants in terms of the order dated 28.11.2019 passed in Motor Accident Claim Case No.16 of 2018.

6. This interlocutory application stands disposed of.

(Anil Kumar Choudhary, J.) M.A. No.219 of 2020 This appeal will be heard.

Admit.

Call for the lower court records.

Mr. Nikhil Ranjan, learned counsel, receives notice of this appeal on behalf of the respondent Nos.1 to 6 and Mr. Nilesh Kumar, learned counsel, receives notice of this appeal on behalf of the respondent No.7.

Issue notice to the respondent No.8.

The appellant is directed to file requisites for service of notice upon the respondent No.8 by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal thereafter.

Animesh/                                     (Anil Kumar Choudhary, J.)