National Insurance Company Ltd vs Malti Devi & Ors
2025 Latest Caselaw 3237 Jhar

Jharkhand High Court

National Insurance Company Ltd vs Malti Devi & Ors on 11 March, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                M. A. No. 338 of 2015
National Insurance Company Ltd.                ....   ....      Appellant
                                          Versus
Malti Devi & Ors.                              ...      ....     Respondents


CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellant                  : Mr. G.C. Jha, Advocate
For the Respondents                : Mr. Saibal Kumar Laik, Advocate

                              ------

Order No. 09 / Dated : 11.03.2025.

Earlier notice was directed to be issued upon Respondent No.6, but the same has been returned by the office with a report that notice was not received within the time.

Let notice be again issued upon respondent no.6, for which requisites etc. under registered cover with A/D as well as under ordinary process must be filed within a week after the Holi Holidays.

Unutilized copy, if any, be utilized for the purpose. M. A. No. 338 of 2015.

From perusal of the impugned Award, it appears that only a sum of Rs.1,02,358/- along with interest @6% per annum has been awarded to the claimant vide judgment of Award dated 09.04.2015 with regard to the incident which took place in the year 2006.

The instant Misc. Appeal has been preferred mainly against the owner of the offending vehicle on the ground that there was breach of the terms and conditions of the insurance policy.

In any case, the valid claim of the claimant should not suffer on account of dispute between the insured and insurer.

Under the circumstances, the appellant- National Insurance Company Ltd. is directed to deposit the entire compensation amount within one month from today, if not already deposited and thereafter the learned Tribunal shall disburse the same to the claimant within two weeks.

List this case after six weeks.

(Gautam Kumar Choudhary, J.) Sandeep/ -