Branch Manager vs Rubi Kumari @ Mosomat Rubi Kumari
2025 Latest Caselaw 1806 Jhar

Jharkhand High Court

Branch Manager vs Rubi Kumari @ Mosomat Rubi Kumari on 17 January, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Civil Review No. 58 of 2022
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Branch Manager, National Insurance Co. Ltd. Main Road, P.O & P.S.- Kahalgaon, Dist.-Bhagalpur through Asst. Manager, National Insurance Co. Ltd. having its office at Kutchery Road, P.S.-Kotwali, P.O & Dist.-Ranchi ... .... Petitioner Versus

1. Rubi Kumari @ Mosomat Rubi Kumari, W/o Late Sapan Rajak

2. Jagdish Rajak, S/o Late Upai Rajak

3. Nirmala Devi, W/o Jagdish Rajak, All R/o Village-Rajapur, Post Pakur, P.S.-Pakur(M), Dist.-Pakur

4. Brij Mohan Sharma, S/o Jai Bhagwan Sharma, R/o Village-Hatpara, P.O & P.S.-Rajmahal, Dist.-Sahibganj . .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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  For the Petitioner        : Mr. Alok Lal, Advocate
  For the Opp. Parties      : None
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  Oral Order
 05 / Dated : 17.01.2025

1. The instant civil review application has been filed for review

/modification of the order dated 10.12.2021 passed by this Court in

Misc. Appeal No. 47 of 2014, whereby the compensation amount was

enhanced to Rs.36,51,800/- with interest at the rate of 7.5% per

annum to the claimant from the date of filing of the claim application.

2. There is delay of 213 days in filing the review petition and the notice

has already been served to opposite party nos. 1, 2 and 3 but none is

appearing on their behalf.

3. The civil review application has been filed mainly on the ground that

the claimants during pendency of the appeal had given undertaking

before the officers of the insurance company (Annexure-1 and 2) that

after payment of compensation of Rs.23,83,200/- they will not make

any further claim of compensation. This fact was not brought to the notice of this Court and consequently, the order of enhancement was

passed.

4. It is argued by learned counsel on behalf of the Insurance Company

that the Judgment in appeal has been obtained without bringing to the

notice of this Court the said undertaking given by the claimant to

settle the claim on release of the compensation amount.

5. This Court does not find the merit in the instant civil review

application on the following grounds:

i. The undertaking, which was given by the claimants, was directly to the Insurance Company and it was never brought to the notice of this Court during hearing of appeal. ii. The said undertaking was given on 24.01.2018, whereas the appeal was disposed of on 10.12.2021 after almost three years of the said undertaking. It was the duty of the counsel appearing on behalf of the Insurance Company to bring this on record. In any case, unless there was a final settlement before a Court of law or in a Lok Adalat, such a letter given for release of the amount due to the Claimant cannot foreclose their right to seek enhancement of admissible compensation as per law.

iii. Instant civil review application has been filed after delay of 213 days.

The civil review has no merit and accordingly, it is dismissed with cost of Rs.5,000/- to be deposited in JHALSA within one month from the date of this order.

Let a copy of this letter be sent to JHALSA.

(Gautam Kumar Choudhary, J.) AKT/Satendra