The Manager (Legal) vs Sarita Devi & Ors
2025 Latest Caselaw 4932 Jhar

Jharkhand High Court

The Manager (Legal) vs Sarita Devi & Ors on 28 August, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 M. A. No. 388 of 2024

     The Manager (Legal), Liberty General Insurance Ltd., Dhanbad
                                            ....    .... Appellant
                                Versus
     Sarita Devi & Ors                      ....  ....        Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant : Mr. Alok Lal, Advocate For the Resp.-1-4 : Mr. Gaurav Kumar, Advocate For the Resp.-5 : Mr. Nasim Akhtar, Advocate

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Oral Order 07 / Dated : 28.08.2025 Admit.

Call for the lower court records.

I.A. No. 134 of 2025 Heard learned counsel for the appellant in this interlocutory application which has been filed under Order XLI Rule 5(5) of CPC for stay of the Execution Case bearing No. 73 of 2024 pending before the Court of District Judge-I-cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal, Dhanbad.

It is submitted by learned counsel for the appellant-Insurance Company that the accident took place on 07.07.2022 i.e. after coming into force of Motor Vehicle (Amendment) Act, 2019 and the right of recovery has been granted in this case. As per the proviso to sub-section (4) of Section 149 of Motor Vehicle Act, 1988 it has been omitted from the statute book and sub-section (4) of Section 150 of the Act is not a pari materia with the original Sub Section 4 of Section 149, therefore, the Insurance Company is absolved from its liability on account of breach of driving conditions of the insurance policy, as the offending vehicle was not being driven under a valid route permit.

Learned counsel for the respondents/claimants opposed the said prayer and submits that the matter is still pending before the Hon'ble Supreme Court and the judgment passed by the Madras High Court in this regard has not attained finality in C.M.P No. 5313 of 2024.

In this view of the matter, Execution Case No. 73 of 2024 pending before the Court of District Judge-I-cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal, Dhanbad is stayed.

I.A. No. 134 of 2025 stands disposed of.

(Gautam Kumar Choudhary, J.) AKT/Satendra