Jharkhand High Court
Laxmi Nath Baraik vs Future General India Insurance ... on 2 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 123 of 2018
Laxmi Nath Baraik ..... ...... Appellant
Versus
1. Future General India Insurance Company Ltd.
2. Chief Manager, Future General India Insurance Company Ltd.
3. Mrs. Devoti Sardar
4. Mr. Sunil Kumar Hembram .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Appellant : Mrs. Nirupama, Advocate
For the Respondent Nos.1 & 2 : Mr. Ashutosh Anand, Advocate
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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.
Order No.08/Dated: 2nd May, 2023
Heard, Mrs. Nirupama, learned counsel appearing on behalf of the
appellant-Laxmi Nath Baraik and Mr. Ashutosh Anand, learned counsel
appearing on behalf of the respondent Nos.1 & 2.
The appellant-Laxmi Nath Baraik has preferred the instant
Miscellaneous Appeal against the judgment dated 04.09.2017 passed by the
learned District Judge-II-cum, Presiding Officer, Motor Accident Claim
Tribunal, Bokaro in Title Motor Vehicle Suit No. 85 of 2010, whereby the
claim petition was dismissed with a liberty to file a fresh application, if
claimant aspires after obtaining the genuine Family Membership Certificate
including unmarried certificate of deceased.
Mrs. Nirupama, learned counsel for the appellant has submitted that
admittedly, the claimant is brother of the deceased being the legal
representative and can file a Title Motor Claim Case for death of his brother,
namely, Paras Nath Baraik, son of late Karan Nath Baraik under Section
2(11) of the Code of Civil Procedure, 1908 and under Section 166(1)(c) of
the Motor Vehicle Act, 1988.
Mr. Ashutosh Anand, learned counsel for the respondent Nos.1 and
2 has submitted that it would be proper if the succession certificate may be
brought on record.
Learned counsel for the appellant has further submitted that there
was some discrepancies in the charge-sheet submitted by the police with
regard to the relationship of the deceased stating him to be the son-in-law of
the applicant but actually he is the brother of the applicant as their father is
common person.
In reply, Mr. Ashutosh Anand, learned counsel for the respondent
Nos.1 and 2 has submitted that the learned Tribunal has not committed
mistake because of the discrepancies found in the charge-sheet submitted by
the police, as such, such observation has been made.
Mrs. Nirupama, learned counsel for the appellant has referred the
recent judgment passed by the Hon'ble Supreme Court in the case of
National Insurance Company Limited Vs. Chamundeshwari & Ors.
reported in 2021 SCC OnLine SC 849, where the Hon'ble Supreme Court has
held that the Tribunal has to consider the material available on record in
Claim Case not on the police paper and, as such, the impugned order may be
set aside.
Considering the rival submissions of the parties and looking into
the supplementary affidavit filed by the claimant/appellant on 28.04.2023,
where a categorical statement has been made that the appellant has not filed
any P.L.A. case before any Court of law, as such, the claim application of the
applicant may be heard by the learned Tribunal by giving an opportunity to
the parties to adduce any further evidence.
Learned counsel for the appellant as well as learned counsel for the
respondent Nos.2 and 3 have assured this Court that they will put their
appearance before the learned Tribunal by 15.05.2023.
Accordingly, the impugned order is set aside and the instant
Miscellaneous Appeal is allowed.
The matter is remanded before the learned Tribunal to pass a fresh
order within a period of three months from the date of receipt of production
of copy of this order after giving an opportunity to the parties to adduce
further evidence if they so requires.
(Kailash Prasad Deo, J.)
Madhav/-
