Jharkhand High Court
Ganeshan Nair vs Kundan Hembram on 16 April, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:11461 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 27 of 2025
Ganeshan Nair, aged about 34 years, son of Kunj Nair, resident of
Kelabagan, P.O. Badia, P.S. Musabani, Town Jamshedpur, District-East
Singhbhum
......... Appellant
VERSUS
1. Kundan Hembram, son of late Baya Hembram, resident of Jay Prabha
Naga, Makdampur, Near United Co. P.O. and P.S. Parsudih, town
Jamshedpur, District-East Singhbhum
2. Saban Hembram, wife of Kundan Hembram, resident of Jay Prabha
Nagar, Makdampur, Near United Co. P.O. and P.S. Parsudih, Town
Jamshedpur, District-East Singhbhum
....... Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Appellant : Mr. P.A.S. Pati, Advocate
Mr. Akshay Kumar, Advocate
For the Respondents :
..........
04/Dated: 16/04/2025
Heard learned counsel for the appellant.
2. Learned counsel for the appellant submits that I.A. No. 49 of
2025 has been filed for condoning the delay of 104 days. He submits that in
preparation of appeal the said delay has occurred in view of that delay of 104
days may kindly be condoned.
3. This appeal has been preferred against the Award dated 27.04.2024
passed in Motor Accident Claim Case No. 226 of 2022 by learned District Judge-III,
East Singhbhum, Jamshedpur whereby the learned court has been pleased to
allow the claim application and directed the appellant to pay an amount of Rs.
13,68,898/- to the claimant with interest @ 7.5% per annum from the date of
filing of the claim case i.e. 29.11.2022 till the date of the issuance of cheque
within 30 days.
4. Learned counsel for the appellant submits that the appellant is
owner of Omni Maruti Car in question which is alleged to dash the pillion rider. He
submits that negligence was on the part of the pillion rider inspite of that the
( 2025:JHHC:11461 )
learned tribunal has fastened liability upon the owner of the Omni Car who is
appellant herein. He submits that driving licence of the pillion rider was not proved
inspite of that learned tribunal has erred in passing the award.
5. From the Award dated 27.04.2024 it transpires that Claim Case was
filed by the parent of the deceased that due to accident, which took away the life
of the deceased Amit Kumar Mahali, which occasioned on 26-06-2022 at or about
05.00 a.m, while the deceased was returning from Mohandera (Musabani) to his
home by his New motorcycle and as soon as he reached Lawkeshta, he met with
an accident because of rash and negligent driving of the Omni Maruti car bearing
registration no. BR16N-7454, as a result of which he fell down on the road and
sustained grievous injuries. The local inhabitants immediately took him to MGM
Hospital Jamshedpur but the doctor of MGM Hospital referred him to TMH where
he succumbed to his injuries. Pertaining to the accident one of the applicant
lodged FIR before Musabani Police Station vide Musabani P.S case no. 31 of 2022
dated 26-06-2022, registered under sections 279,304A of the IPC.
6. Pursuant to notice appellant-O.P. No.1 has appeared and contested
the claim case on the ground of non-joinder of necessary party, absence of cause
of action and other grounds.
7. The learned tribunal while deciding the claim case has framed five
issues. Issue No. II is with regard to rash and negligent driving by driver of Maruti
Car. The learned tribunal has appreciated the evidences led by the parties. A.W.1
who is claimant no. 2 and mother of the deceased filed her evidence by way of
affidavit wherein she has stated that due to rash and negligent driving by the
driver of said Maruti Car the said accident has occurred pursuant to that her son
has died. Exhibit 2 was the certified copy of chargesheet and considering the
evidences the learned tribunal has found that the case is maintainable.
8. So far rash and negligent driving is concerned, that was Issue No.
2 and the learned court has considered Exhibit-1 and 2 which were certified copy
( 2025:JHHC:11461 )
of F.I.R. and chargesheet respectively. In view of that the learned tribunal has
come to the conclusion that accident has taken place and the learned tribunal has
further relied the judgment of the Hon'ble Supreme Court in the case of "National
Insurance Company Ltd. Vs. Pushpa Ram, (2009) ACJ-287.
9. In view of that the learned court has found that negligence is
there against the driver of Omni Car bearing Registration No. BR16N-7454. So far
driving licence etc. is concerned, the onus lies upon the appellant to prove the
same before the learned tribunal which has not been done by the appellant and in
view of that the learned tribunal has passed the said award.
10 In view of above it transpires that the learned tribunal has taken
all care in passing the said Award and dealt with all the points in deciding the
same. There is no illegality in the impugned Award. As such this appeal is
dismissed.
11. As there is no cogent reason to suggest the condonation of delay
and only ground has been taken that in preparation of appeal said delay has
occurred. As such I.A. No. 49 of 2025 is also dismissed.
12. The statutory amount deposited by the appellant shall be transmitted
back to the learned tribunal to utilize the same to satisfy the award in favour of
the claimant.
( Sanjay Kumar Dwivedi, J.)
Satyarthi/-
