Jharkhand High Court
Divisional Manager vs Smt. Sapna Kumari on 7 August, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:22636
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Misc. Appeal No.199 of 2015
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Divisional Manager, National Insurance Company Limited, Divisional
Office at Ranchi, Branch No.1, Kutchery Road, P.O. Ranchi, P.S. Kotwali,
District Ranchi .... .... .... Appellant
Versus
1. Smt. Sapna Kumari, wife of Late Rajesh Kumar
2. Saryu Prasad, son of Late Kishun Prasad
Both are residents at DT-1429/T, P.O. and P.S. Dhurwa, District Ranchi
3. Basant Kumar Gupta, sonof Late K.P. Gupta, resident of P.O. and P.S.
Tapkara, District Jashpur, Chhatigarh
4. The United India Insurance Co. Ltd. having its Divisional Office at Lalji
Hirjee Road, P.S.Kotwali, P.O. and District Ranchi
.... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellants : Mr. Alok Lal, Advocate
For the Res. No.1 : Mr. Manoj Kumar, Advocate
For the Res. No.3 : Mr. Mitul Kumar, Advocate
For the Res. No.4 : Mr. Ajay Kumar Pathak, Advocate
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Order No.16 / Dated :07.08.2025
Judgment dated 12.02.2015 passed in Compensation Case No.47/10
is under challenge in this miscellaneous appeal whereby and whereunder
award of compensation under Section 166 of the M.V. Act has been made in
favour of the claimants by fixing liability on the insurance company to pay
the compensation amount of Rs.11,75,000/- with interest @ 9% per annum.
2. Finding of fact that Rajesh Kumar while going on his motorcycle
bearing registration no.JH 01J 7479 met with a motor vehicle accident
involving a bus bearing registration no.CG 14A 3174 is not in dispute. It is
also not in dispute that the said bus was under the insurance cover of the
appellant-insurance company.
3. This appeal is preferred mainly on the ground that it was a case of
contributory negligence as the evidence on record suggested that head on
collusion took place between motorcycle and bus, therefore, the principle of
res ipsa loquitur will apply in fastening equal liability on the owner/insurer of
both these vehicles. Main grievance of the insurance company, firstly is that
without recording any finding on this point, the compensation has been
2025:JHHC:22636
awarded fixing liability on the appellant- insurance company. Secondly, the
interest @ 9% per annum on the principal compensation amount, is also
under challenge as it is not in consonance with the interest to be awarded as
per the ratio laid down in Sarla Verma & Others Versus Delhi Transport
Corporation & Another, (2009) 6 SCC 121 and further followed in National
Insurance Company Ltd. vs. Pranay Sethi, reported in (2017) 16 SCC 680
case. Furthermore, penal rate of interest @ 12% per annum has also been
awarded for which there is no such provision.
4. Learned counsel for the claimants appearing on behalf of the
insurer of the motorcycle (opposite party no.4- United Indian Insurance
Company Ltd.) submits that charge sheet was filed against driver of the bus
and the witnesses also deposed that the accident took place because of the
rash and negligent driving by the driver of the bus which has been dealt
under Issue Nos.4, 5 and 6 in para 16 of the award.
5. Having considered the submissions advanced on behalf of both
sides, this Court does not find any infirmity so far, the Issue Nos.4, 5 and 6
have been decided by holding that the accident took place due to rash and
negligent driving by the driver of the bus.
6. However, considering the ratio laid down by the Apex Court in
Dharampal & Others Vs. U.P. State Road Transport Corporation, (2008) 12
SCC 208, interest @ 7.5% on the compensation amount from the date of filing
of the claim application will be applicable. No further penal interest will be
chargeable.
With this modification in the interest, the miscellaneous appeal is
disposed of.
Statutory amount deposited by the appellant at the time of filing of
appeal, be remitted to the Tribunal for being adjusted to the full and final
compensation amount to be paid by the insurance company to the claimants
within sixty days of the order.
(Gautam Kumar Choudhary, J.)
Anit
