Magma Hdi General Insurance Co. Ltd vs Parbati Hembrom & Ors
2025 Latest Caselaw 7319 Jhar

Jharkhand High Court

Magma Hdi General Insurance Co. Ltd vs Parbati Hembrom & Ors on 8 December, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        M. A. No.407 of 2024
     Magma HDI General Insurance Co. Ltd..... .. ... Appellant(s)
                        Versus
     Parbati Hembrom & Ors.                  .. ... ...Respondent(s)
           ...........

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

For the Appellant (s) : Mr. Alok Lal, Advocate Mr. Santosh Kumar, Advocate For the Resp.(s)/Owner : Mr. Abhishek Kr. Sinha, Advocate ......

04/ 08.12.2025. Heard, learned counsel for the appellant- Insurance Company.

The instant Misc. Appeal has been preferred by the appellant- Insurance Company mainly on the ground that although the learned Tribunal has recorded a finding that the appellant- Insurance Company was entitled to get right of recovery, but the same has not been allowed in the operative part of the impugned judgment.

Since the main contesting party in the instant Misc. Appeal is the owner of the vehicle, who has already appeared, as such, no notice is required to be issued upon the claimants/ respondents.

I.A. No.11939 of 2024.

Heard, learned counsel for both the sides in I.A. No.11939 of 2024 filed under Section 5 of the Limitation Act for condonation of delay of four days, in preferring the instant Misc. Appeal.

Considering the grounds taken, the prayer made for condonation of delay of four days in preferring the instant Misc. Appeal is allowed.

The aforesaid I.A. stands disposed of. M. A. No.407 of 2024.

Learned counsel for the Respondent No.6/ owner seeks adjournment to file counter-affidavit.

List this case after two weeks.

In the meantime, Execution of the Award of compensation vide Award dated 26.06.2024 passed by learned District Judge-II cum Motor Vehicle Accident Claims Tribunal (MVACT), East Singhbhum at Jamshedpur in Motor Accident Claim Case No.16 of 2022 shall remain stayed.

In the meantime, Cal for the LCR.

(Gautam Kumar Choudhary, J.)

Sandeep/-

Uploaded 9 .12.2025.