Jharkhand High Court
The Divisional Manager vs Jayanti Devi & Ors on 10 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No.584 of 2018
The Divisional Manager, United India Insurance Company Ltd.
..... ...... Appellant
Versus
Jayanti Devi & Ors. .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Appellant : Mr. Debesh Ch. Ghosh, Advocate
For the Respondents :
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The matter is being taken up through Video Conferencing. Learned counsel
for the appellant has no objection with it and submitted that audio and video
qualities are good.
Order No.07 /Dated: 10th May, 2023
The appellant-United India Insurance Company has preferred this
Miscellaneous Appeal against the award dated 10.04.2018, passed by learned
Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor
Accident Claim Case No.341 of 2011, whereby the claimants, Jayanti Devi,
W/o late Surendra Vaidya, Mithlesh Kumar Vaidya, S/o late Surendra Vaidya,
Akhilesh Kumar Vaidya, S/o late Surendra Vaidya, Soni Kumari, D/o late
Surendra Vaidya and Sotni Devi, W/o late Bindeshwar Vaidya, all resident of
Village-Sdraul, P.S. & P.O-Namkum, District-Ranchi (Jharkhand) have been
awarded compensation to the tune of Rs.9,65,000/- (after deducting the
amount of Rs.50,000/- which has already been paid under Section 140 of the
M.V Act) along with interest @ 9 % per annum from the date of admission of
the claim application i.e., 19.07.2012 till its realization.
Learned counsel for the appellant, Mr. Debesh Ch. Ghosh has
submitted, that the Interlocutory Application no.8791 of 2018 has been filed
for condonation of delay of 75 days in preferring the instant appal.
Learned counsel for the appellant, Mr. Debesh Ch. Ghosh has
further submitted, that learned Tribunal has failed to consider issue no.4,
whether the insured/owner of the offending vehicle has violated the terms
and conditions of the insurance policy as finding has been recorded at page-7
of the impugned award that owner of the vehicle has not appeared but this
issue has been decided in favour of the owner of the vehicle.
Learned counsel for the appellant, Mr. Debesh Ch. Ghosh has
further submitted, that the learned Tribunal has also held that owner was
noticed but inspite of due service of summon owner has not appeared.
Thereafter the case was fixed ex-parte vide order dated 14.07.2015. The
driver was having license bearing D.L. No.2112/2008 and the Insurance
Company has failed to discharge his duty by proving that owner has violated
the terms and conditions of the policy.
Learned counsel for the appellant, Mr. Debesh Ch. Ghosh has
further submitted, that it was the duty of the owner to produce the document
or it was duty of the claimants to verify the driving license of the driver and
place before the learned Tribunal and as such delay may be condoned and
impugned award may be set aside.
Heard, learned counsel for the appellant, Mr. Debesh Ch. Ghosh, it
appears that the allegation which has been levelled by the Insurance
Company is to be proved by the Insurance Company. No contrary evidence
has been brought on record by the Insurance Company before the learned
Tribunal to establish that owner has violated the terms and conditions of the
policy, accordingly the learned Tribunal has considered that Insurance
Company has failed to discharge his onus and decided the issue no.4 in
favour of the owner of the vehicle and as such, there is no illegality or
irregularity in the impugned award in view of the Judgment passed by
Hon'ble Supreme Court in the case of Nirmala Kothari vs. United India
Insurance Company Ltd., reported in 2020 (4) SCC 49.
Accordingly the miscellaneous appeal is dismissed.
Consequently, the Interlocutory Application No.8791 of 2018, filed
for condonation of delay, is also dismissed.
The statutory amount deposited by the appellant-United India
Insurance Company before this Court at the time of preferring this
miscellaneous appeal shall be remitted to the learned Tribunal/learned
Executing Court.
The Insurance Company shall indemnify the award within a period
of 60 days in terms of the award passed by the learned Tribunal as the
occurrence is of dated 10.06.2008 and more than 14 years have elapsed.
(Kailash Prasad Deo, J.)
Rohit/-
