Jharkhand High Court
Tata Motors Limited (Previously Known ... vs Ibrar Alam on 19 August, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:24516
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. A. No. 306 of 2014
Tata Motors Limited (previously known as Tata Engineering & Locomotive
Company Ltd.), through its duly constituted Attorney Shri Praven Kumar
Sinha, S/o Late B.P. Sinha, R/o Telco Colony, P.O. & P.S.-Telco Town
Jamshedpur, Dist.-East Singhbhum and currently posted as Senior General
Manager (Manufacturing), M/s Tata Motors Ltd. .... .... Appellant
Versus
1. Ibrar Alam, S/o Maqsood Alam
2. Zarina Khatoon, W/o Ibrar Alam, Both R/o Village-Kasiadih, P.O. &
P.S.-Mahuatand, Dist.-Bokaro
3. Ashok Kumar Paswan, S/o Gulab Chandra Paswan, R/o Village-
Dumraon, P.O. & P.S.-Dumraon, Dist.-Buxar, Bihar
4. The New India Assurance Company Limited through its Legal head,
having its registered office at 87, M.G. Road, P.O. & P.S.-M.G. Road,
Fort, Mumbai, Maharashtra .... .... Respondents
With
C. O. No. 05 of 2021
1. Ibrar Alam, S/o Maqsood Alam
2. Zarina Khatoon, W/o Ibrar Alam, Both R/o Village-Kasiadih, P.O. &
P.S.-Mahuatand, Dist.-Bokaro, presently residing at Village-Fusri, Post-
Tapin, P.S.-Charhi, Panchayat-Bahera, Dist.-Hazaribag.
.... .... Cross-Objectors
Versus
1. Tata Motors Limited, Town Jamshedpur, P.O. & P.S.-Jamshedpur,
Dist.-East Singhbhum.
2. Ashok Kumar Paswan, S/o Gulab Chandra Paswan, R/o Village-
Simroyi, P.O. & P.S.-Dumraon, Dist.-Buxar, Bihar
3. The New India Assurance Company Limited office at 87, M.G. Road,
P.O. & P.S.-M.G. Road Fort, Mumbai, Maharashtra
.... .... Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
-----
For the Tata Motors Ltd. : M/s A.K. Das & Swati Shalini, Advocates
For the Insurance Co. : Mr. Manish Kumar, Advocate
For the Cross Objectors : Mr. Ashok Kr. Singh, Advocate
-----
Oral Order
16 / Dated : 19.08.2025
1. M.A. No. 306/2014 has been preferred against the judgment and award
of compensation passed in Misc. Claim Case No. 24/2006 under Section
166 of M.V. Act, whereby and whereunder, the liability to pay
compensation of Rs.1,62,000/- has been fixed on the appellant-Tata
Motor Ltd. The Tribunal recorded a finding that Aashma Khatoon died
in a motor vehicle accident involving Chassis of Tata Motors having a
temporary number as JH 05 A Tempo. 0176.
2025:JHHC:24516
2. C.O. No. 05 of 2021 has been filed by the claimants for enhancement of
the compensation amount with interest from the date of institution i.e.
08.03.2006.
3. It is argued by learned counsel for the appellant in M.A. No. 306/2014
that the offending vehicle at the relevant time of accident was under the
insurance cover of New India Assurance Co. Ltd. Photocopy of Challan
including the endorsement of the Insurer has been filed as Annexure-3
which shows that the vehicle was insured with New India Assurance Co.
Ltd. It is further argued that although the said vehicle was under the
insurance cover, but the claim case was filed without impleading the
Insurance Company and liability has been fixed on the appellant-
Company.
4. Learned counsel for the New India Assurance Co. Ltd. submits that the
vehicle was not having a permit and other statutory defence available to
the Insurance Company could not be raised as the Insurance Company
was not impleaded as a party.
5. Having considered the submissions, advanced, it appears that since the
vehicle was under the insurance cover, thus, Insurance Company was a
necessary party, and its non-impleadment renders the case as bad.
Therefore, the award of compensation is set aside and the matter is
remanded back to the Tribunal to decide it afresh after impleading the
Insurance Company in the case.
6. Both, appellant-Company and the respondents, will appear before the
Motor Accident Claim Tribunal, Hazaribagh on 08.09.2025 and after the
parties enter into their appearance, the case will be disposed of within
four months from the date of their appearance.
The statutory amount to be refunded to the appellant-Company.
M.A. No. 306/2014 and C.O. No. 05 of 2021 stand disposed of.
Pending I.A., if any, also stands disposed of.
(Gautam Kumar Choudhary, J.)
AKT/Satayendra
