Royal Sundaram Alliance Insurance Co. ... vs Savitri Devi
2024 Latest Caselaw 10317 Jhar

Jharkhand High Court

Royal Sundaram Alliance Insurance Co. ... vs Savitri Devi on 11 November, 2024

Author: Subhash Chand

Bench: Subhash Chand

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             M.A. No. 615 of 2016

Royal Sundaram Alliance Insurance Co. Ltd., 37, A.C. Market, 2nd Floor, Main
Road, Ranchi through its Zonal Manager- V.S. Durairaj, S/o Mr. C.
Subramanian, resident of No.1, Subramanian Building, Second Floor, Club
House Road, Anna Salai, Chennai, P.O. Anna Salai-600002, P.S. D2 Anna
Salai Police Station, District Chennai                 ..... ......  Appellant
                                      Versus
1. Savitri Devi, W/o Late Sukar Munda,
2. Shiv Shankar Munda, S/o Late Sukar Munda,
      Both r/o Village Chidag, P.O., P.S. Ratu, Dist. Ranchi.
                                             .... .... Applicants/ Respondents
3. Manoj Kumar Choubey, S/o Late Banarsi Choubey, R/o 237 Gosai Tola,
Chutia, P.O., P.S. Chutia, District Ranchi.
               `                   .... .... Opposite Party No.1/ Respondents
                               ------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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      For the Appellant                 : Mr. Ashutosh Anand, Advocate
      For the Respondent                :
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                        th
Order No.10 /Dated: 11 November, 2024

1. Learned counsel for the appellant has submitted that the instant Miscellaneous Appeal has been directed against the award/ order dated 03.10.2016 passed by the learned Presiding Officer, Motor Vehicle Accident Claims Tribunal Ranchi in Motor Accident Claim No.78 of 2015.

2. Learned counsel for the appellant has further submitted that the claim under Section 166 of the Motor Vehicles Act, 1988 has already been disposed of vide judgment dated 09.12.2019 and the against the same award, M.A. No.103 of 2020 was preferred, which was also dismissed vide order dated 30.06.2021 passed by a Co-ordinate Bench of this Court and the award passed by the learned Tribunal was confirmed.

3. Against the judgment dated 30.06.2021 passed by the Co-ordinate Bench of this Court in M.A. No.103 of 2020, Special Leave to Appeal (C) No(s). 13645 of 2021 has preferred, in which, the Hon'ble Apex Court had stayed the operation of impugned order.

4. Admittedly, the learned Tribunal has finally decided the application under Section 166 of the Motor Vehicles Act, 1988, against the same, M.A. No.103 of 2020 has been filed, which was dismissed. The order of award passed by the learned Tribunal and judgment passed by this Court both have

been challenged before the Hon'ble Apex Court, even if the impugned order has been stayed, this very Miscellaneous Appeal, which has been directed against the order dated 03.10.2016 passed in the application under Section 140 of Motor Vehicles Act, 1988 has become infructuous because the amount, even if any has been awarded the same was to be adjusted in the amount of compensation, which has been finally awarded in claim petition under Section 166 of the Motor Vehicles Act, 1988, as such, this Miscellaneous Appeal is dismissed having become infructuous.

5. The statutory amount deposited by the Insurance Company shall be remitted to the learned Tribunal.

6. Pending I.A., if any, also stands disposed of.

(Subhash Chand, J.) Madhav/-