Jharkhand High Court
Branch Manager vs Smt. Sughiya Devi Wife Of Late Radhey Das on 18 February, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Misc. Appeal No.495 of 2016
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Branch Manager, New India Assurance Company Limited, 173, G.T. Road,
Ghanty Bhawan, Asansol, P.O. & P.S. Asansol, District Raniganj (West
Bengal) through the Branch Manager, The New India Assurance Company
Limited, Court Road, P.O., P.S. & District Giridih represented through its
Divisional Office No.1, P.P. Compound, P.O. Ranchi, P.S. Chutia, District
Ranchi .... .... .... Appellant
Versus
1. Smt. Sughiya Devi wife of Late Radhey Das
2. Raju Das son of Late Radhey Das
Both resisdents of At & Village Ramaitand, P.O. Khurchutha, P.S.
Bengabad, District Giridih
3. Phulmati Devi, wife of Arjun Das, daughter of Late Radhey Das, resident
of Chotki Kharagdiha, P.O. & P.S. Bengabad, District Dhanbad
4. Ashim Ghosh son of Gorachand Ghosh, resident of At & P.O. Gerua
Pahari, P.S. & District Birbhum (West Bengal)
5. Sushil Ray, son of Late Mahadeo Roy, resident of At & P.O. Gerua Pahari,
P.S. & District Birbhum (West Bengal),
6. Ritlal Yadav, son of Late Kanhai Yadav, resident of At Pachamba, P.O.
Siyatand, P.S. Jamua, District Giridih
7. Alauddin Ansari son of Karu Mian, resident of Village Surajgadi, P.O. &
P.S. Jamua, District Giridih
8. Bajaj Allianj General Insurance Company Limited through Branch
Manager, Bank More, Katras Road, P.O., P.S. & District Dhanad
.... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellant : Mr. Manish Kumar, Advocate
For the Respondents : Mr. Rohitashya Roy, Advocate
Mr. Tarun Kumar Mahato, Advocate
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Order No.09 / Dated : 18.02.2025
Insurance Company is in appeal against the judgment and award of
compensation in Title (Motor Vehicle) Suit No.8 of 2009 whereby and
whereunder liability to pay compensation under Section 166 of the Motor
Vehicle Act, 1988 has been fixed on the appellant-Insurance Company and
opposite party no.6.
2. As per the case of the claimants, the deceased- Radhey Das was
travelling on a pick-up van bearing registration no.JH 11E 3599 along with
other co-passengers which met with an accident with a bus bearing
registration no.WB 37A 4140. In this accident, one Radhey Das and another
Nunu Lal Verma died. Claims are the dependents of Radhey Das.
3. It is alleged that the accident took place due to rash and negligence
of the driver of the pick-up van bearing registration no.JH 11E 3599 and the
bus.
4. Learned Tribunal awarded compensation by recording finding that
it was a case of composite accident caused by the driver of these vehicles.
5. Appellant is insurer of the bus bearing registration no.WB 37A 4140
and the appeal has been preferred inter alia on the ground that vehicle
which was involved and has been referred in the FIR and charge sheet was
also filed against the driver of the Bolero pick-up van, but he was not
impleaded as party. Further, driver was not having valid driving license and
it was plied without any valid permit.
6. Mr. Rohit Roy, Learned counsel on behalf of claimants /respondent
nos.1 - 3 submits that the insurer of the pick-up van being Bajaj Allianj
General Insurance Company Limited (respondent no.8) had preferred M.A.
No.550 or 2017 against the award of compensation in this case, was
dismissed by this Court by the co-ordinate Bench of this Court by order
dated 18.01.2020.
7. Having considered the submissions advanced on behalf of both
sides, it is apparent that the finding is with regard to composite negligence
of Sawari Van No. JH 11 E 3599 and Bus No. WB-37A-4140. Appellant is the
insurer of bus bearing registration no.WB 37A 4140. Further, there is nothing
on record to suggest that plea of not having valid driving license or permit
was not taken before the learned Tribunal and no specific issue was framed.
8. Under the circumstance, Miscellaneous Appeal fails and the
Insurance Company is directed to pay full and final compensation amount
within a month of this order. Statutory amount be remitted to the Tribunal
for disbursement to the claimants. Interlocutory Application, if any, is
disposed of.
(Gautam Kumar Choudhary, J.)
Anit
