New India Assurance Company Limited ... vs Veena Devi And Others
2024 Latest Caselaw 997 Jhar

Jharkhand High Court

New India Assurance Company Limited ... vs Veena Devi And Others on 1 February, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                     1

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     MA. No. 241 of 2023

          New India Assurance Company Limited represented through its
         duly authorized signatory namely, Pawan Paswan
                                         ....     ...Appellant
                                Versus
     Veena Devi and Others.                ..... ...Respondents

        CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                               ------

For the Appellants : Mr. Pratyush Kumar, Advocate

3/ Dated:-01.02.2024 :-

Learned counsel for the appellant submits that there is

one surviving defects which may kindly be ignored. He submits that

in the trial court judgment the appellant no.1 is said to be Veena Devi

however inadvertently it has occurred son of late Shashi Kant Pandey

in place of wife of late Shashi Kant Pandey. He submits that in

paragraph 1 of the judgment it is clarified that Veena Devi is the wife

of the deceased and in view of that he has arrayed Veena Devi as

respondent no.1 saying wife of late Shashi Kanti Pandey rest of

children of late Shashi Kant Pandey and Veena Devi.

2. In view of such submissions and looking into paragraph 1 of

judgment it appears that inadvertently that has been typed in the trial

court judgment.

3. In view of the above let the certified copy of judgment be

sent to the learned trial court for necessary correction.

4. Learned counsel for the appellant submits that there is

urgency in the matter as execution has been filed and the learned

court is proceeding in the matter. He submits that there are merits in

this appeal. He submits that the learned court has fastened liability

upon the appellant. He submits that the Shashi Kant Pandey was the

registered owner of the vehicle in question and he was not a third

party under the Motor Vehicle Act and nor within the terms and

conditions of insurance policy. He submits that in view of section 145

(G) and 147 B (1) of the said Act owner is not included.

5. He submits that there is delay of 231 days in filing the

appeal and for that providing reason, I.A. No. 6326 of 2023 has been

filed for condoning the delay.

6. He further submits that there is dispute between two

Insurance Companies and other Insurance Company is Future General

Insurance Company Limited who is also liable.

7. Issue notice upon the respondents in main appeal as well

as I.A. No. 6326 of 2023 as well as I.A. No. 6483 of 2023 under

registered cover with A/D as well as by ordinary process for which

requisites etc. must be filed within one week.

8. In view of above facts and considering that dispute is

with regard to payment entire liability upon the appellant, the

appellant shall deposit a sum of Rs. 30 lakh in Execution Case No.

45 of 2022 before the Court of learned District Judge-II-Cum-Motor

Vehicle Accident Claim Tribunal, East Singhbhum, Jamshedpur within

four weeks.

9. The said deposited amount shall be kept with the learned

tribunal and the same will not be disbursed without further direction of

this court.

10. If such amount is deposited in the light of above

direction the Execution Case No. 45 of 2022 shall remain stayed till the

next date.

11. Let this matter appear on 21.03.2024.

(Sanjay Kumar Dwivedi, J.) Satyarthi/-