The New India Assurance Company Ltd vs Kumari Arti
2025 Latest Caselaw 2301 Jhar

Jharkhand High Court

The New India Assurance Company Ltd vs Kumari Arti on 12 August, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   M. A. No.298 of 2025

   The New India Assurance Company Ltd. .... .. ... Appellant(s)
                     Versus
   Kumari Arti, W/o Late Mithilesh Jha & Ors.  .. ... ...Respondent(s)
         ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

For the Appellant (s) : Mr. Ganesh C. Jha, Advocate For the Respondent(s) :

......

02/ 12.08.2025. Heard, learned counsel for the appellant- Insurance Company.

1. The instant MA has been filed against the Judgment/ Award of compensation dated 26.11.2024 passed by learned District Judge-

III, JO No.00577, East Singhbhum, Jamshedpur in Motor Accident Claim Case No.91 of 2022, whereby and whereunder compensation of a sum Rs.1,26,42,098/- has been awarded in favour of the claimants/ respondents fixing the liability upon the appellant- Insurance Company to pay the said compensation amount.

2. The instant Misc. Appeal has been preferred mainly on the ground that the learned Tribunal has not considered the plea of contributory negligence of the other party as it was a case of head on collision between the Car and truck, but the liability has been solely fixed on the insurer of the Truck.

3. Further, the second ground is that while assessing the income of the deceased, the income tax deduction from his annual income has not been considered.

4. The appellant- Insurance Company has filed the I.A. No.10353 of 2025 for condonation of delay of 97 days in preferring the instant Misc. Appeal. Further, I.A. No.10750 of 2025 has been filed for stay of the impugned Award/ judgment as the matter is pending for execution.

5. Issue notice upon the respondents in the Limitation matter under registered cover with A/D / Speed Post as well as under ordinary process for which requisites etc. must be filed within a week.

6. List this case on 23.09.2025.

7. In the meantime, further proceeding of Execution Case No.31 of 2025 pending in the Court of learned District Judge-III, JO No.00577, East Singhbhum, Jamshedpur, shall remain stayed and the amount already attached will not be disbursed to the claimants.

(Gautam Kumar Choudhary, J.)

Sandeep/-