Jharkhand High Court
National Insurance Company Ltd vs Keshri Devi (Deleted) on 28 January, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 379 of 2015
National Insurance Company Ltd., Branch Office at Kahalgaon, Dist.- Bhagalpur
through Divisional, National Insurance Co. Ltd., Sumrit Mandal Complex, Jail
Road, Tilka Manjhi, P.O., P.S. & District- Bhagalpur
.... .... Appellant
Versus
1. Keshri Devi (Deleted)
2. Shyam Sunder Mahto, S/o Late Bharat Mahto
3. Umesh Kumar Mahto, S/o Late Bharat Mahto
All residents of Village- Ghorichak, P.O. Partapur, P.S. Belbadda, District-
Godda
4. Anil Kumar Singh, S/o Late Indrajit Singh, R/o Village & P.O. Topra Tola-
Sarmatpur, P.S. Pirpainty, District-Bhagalpur (Owner of Truck)
5. Md. Mohiuddin (Deleted)
... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellant : Mr. Alok Lal, Advocate
Mr. Santosh Kumar, Advocate
For the Respondents : Mr. Manoj Kr. Sah, Advocate
Mr. Amarjeet Prasad, Advocate
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Order No. 14 / Dated : 28.01.2025.
Heard learned counsel in I.A. No. 984 of 2025 which has been filed under
Order XXII Rule 4/11 & 9 of the Code of Civil Procedure, 1908, read with Section
5 of the Limitation Act for the substitution of respondent nos. 1, who died on
19.12.2022 during the pendency of the appeal.
It is submitted by the learned counsel on behalf of the appellant that death
of the respondent nos. 1 was not within his knowledge and only information
being given by the learned counsel appearing on behalf of the respondents, it
could be known that respondent no. 1 had died.
Considering the grounds taken in the aforesaid interlocutory application,
the delay in filing the substitution petition is condoned and further proposed legal
heirs are necessary parties in the facts and circumstances of the case and,
therefore, interlocutory application filed for substitution of Respondent No.1 is
allowed.
Office is directed to substitute the name of respondent nos. 1 by the
proposed legal heirs as detailed in Para 6 of the interlocutory application and as
such, their names will be reflected with red ink in the cause title of the memo of
appeal.
Accordingly, Interlocutory application is disposed of.
1. The instant Miscellaneous Appeal has been filed against the award of
compensation of Rs. 5,09,000/- awarded in favour of the claimants by the
Principal District Judge-cum-Motor Accident Claims Tribunal Judge,
Godda in Title (M.V.) Suit No. 22 of 2012.
.2. Facts of the case is not much in dispute that one Bharat Mahto died in a
motor vehicle accident involving a truck bearing registration No. BR-
10G/3792 which was under the insurance cover of the appellant -
Insurance company.
3. Award of compensation is assailed mainly on two counts: -
(I) The monthly income of Rs. 6,000/- of the deceased has been
computed;
(II) Award of compensation amount along with the interest at the rate of
9% per annum has been awarded.
4. On perusal of the impugned judgment it is manifestly clear that the income
of Rs 6000/- and considering his occupation of mason, it cannot be said
to exaggerated. Therefore, with regard to the monthly income of the
deceased by which finding of fact recorded by the learned Tribunal on the
basis of the evidence on record cannot be interfered. This Court does not
feel deem and proper to interfere with the said finding of fact. However,
as far as the interest part is concerned, the interest at the rate of 6% per
annum is awarded on the compensation amount from the date of filing of
the claim application till its realization.
6. The appellant-insurance company is directed to deposit the
compensation amount before the learned Tribunal within six weeks.
Thereafter, learned Tribunal shall disburse the same to the claimant(s)
within two weeks.
7. With this modification, the miscellaneous appeal stands dismissed.
8. Let the statutory amount be remitted to the learned Tribunal which will be
adjusted in the compensation amount to be paid to the claimant(s)/
substituted legal heirs and the other original claimant(s).
(Gautam Kumar Choudhary, J.)
Pawan/Sandeep-
