National Insurance Co. Ltd. vs Jitendra Kumar Pandey & Others
2023 Latest Caselaw 1059 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    M.A. No.121 of 2021
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National Insurance Co. Ltd., Palamau .... .... .... Appellant Versus Jitendra Kumar Pandey & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Santosh Kumar, Advocate For the Respondents : Mr. Ajit Kr. Dubey, Advocate Mr. Dinesh Kumar, Advocate Mr. Prem Mardi, Advocate Mr. Abhay Kr. Mishra, Advocate

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Order No.05 Dated- 02/03/2023 I.A. No.980 of 2023 Heard the parties.

2. Learned counsel for the respondents submits that this interlocutory application has been filed with a prayer to release the amount deposited by the appellant in favour of the respondent- claimant, with the Registrar General of this Court. Learned counsel for the respondents submits that the appellant has challenged the judgment and award passed by the tribunal on the ground that there is absence of proof of issuance of the certificate of medical officer which has been marked without objection as Ext. 9 before the Tribunal and the genuineness of the certificate is also not challenged. It is next submitted by the learned counsel for the respondents that some documents were available for earlier round of litigation in M.A. No.738 of 2017 and all the evidences were examined by this Court and remanded the case to the tribunal for re-trial. It is next submitted that the Insurance Company has already deposited Rs.15,44,819/- and the respondents-claimants are in dire need of money. Hence, it is submitted that the order be passed for releasing of the said amount in favour of the claimants.

3. Learned counsel for the appellant on the other hand opposes the prayer for releasing of the amount and submits that the release of the said amount will hamper the recovery of the same from the claimant.

4. Considering the aforesaid facts and circumstances of the case, the details of which is not being discussed as the appeal is still pending, this Court is inclined to allow the prayer to release the amount of Rs.15,44,819/- deposited by the appellants with the Registrar General through the concerned tribunal.

5. Accordingly, the Registrar General of this Court is directed to remit the amount of Rs.15,44,819/- with interest, if any, accrued thereon during the period the money was kept in the bank, to the concerned tribunal for payment of the same to the respondent-claimant in satisfaction of the judgment and award dated 29.01.2021 passed in M.A.C.T. Case No.38 of 2012.

6. This interlocutory application stands allowed.

(Anil Kumar Choudhary, J.) M.A. No.121 of 2021 Since there is no time left today, list this appeal in the next week.

Animesh/                                      (Anil Kumar Choudhary, J.)