Jharkhand High Court
National Insurance Company Ltd. Office ... vs Md. Jamal on 17 November, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:34396
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C. M. P. No.690 of 2025
National Insurance Company Ltd. Office at Pugmil Road, Near Paper
House, PO & PS- Sadar, District- Hazaribag through Authorized
Representative, Rashi Rani Tirkey (Asst. Manager), National Insurance Co.
Ltd., Ranchi, Regional Office, 2nd Floor Zila Parishad Marketing Complex,
Ranchi, PO- GPO and PS- Kotwali, District- Ranchi, Jharkhand.
.... .. ... Petitioner(s)
Versus
1. Md. Jamal, S/o Abdul Rahman
2. Kaniza Khatoon, W/o Md. Jamad
Both R/o Village- Harli, PO- Harlipeto, PS- Daroo, District- Hazaribag
(Jharkhand). .. ... ...Opp. Party(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
.........
For the Petitioner(s) : Mr. Amaresh Kumar, Advocate
For the O. P.(s) : Mr. Sudhir Kumar Sharma, Advocate
Mr. Ram Prakash Singh, Advocate
Mr. Shashi Shekhar Dwivedi, Advocate
......
04/ 17.11.2025. Heard, leaned counsel for the parties.
1. The appellant- National Insurance Company Ltd. is in appeal against the
order dated 06.05.2025 (Annexure-3) passed by Presiding Officer,
MVACT, Hazaribag in Execution Case No.22 of 2023 whereby and
whereunder learned Court below has rejected the petition to recall the
order dated 13.09.2024 to draw ex-parte proceeding against the
judgment- debtor and with a further prayer of quashing the order of
attachment against the judgment- debtor.
2. The facts of the case are not in dispute that the compensation was
allowed in M.A. Claim Case No.105/ 2015 in which the learned Tribunal
awarded a compensation of Rs.38,97,102/- along with interest @6% per
annum from date of settlement of issue (since 18.11.2016) within 30
days, and if failed to make payment within the stipulated time with
interest of 9% per annum.
3. The claimants preferred appeal which was disposed of, by the judgment
and order passed by the Co-ordinate Bench of this Court in M.A. No.656
of 2018 whereby and whereunder consortium was enhanced by
Rs.40,000/- with interest @7.5% per annum.
4. It is submitted by learned counsel for the petitioner- Insurance Company
that in compliance to the final order, a total sum of Rs.45,01.636/- has
been paid including interest amount vide Cheque dated 02.11.2018 by
the petitioner- Insurance Company.
5. It I argued by the counsel for the petitioner that as a matter of fact, an
extra amount of Rs.61,779/- has been paid including interest @9% per
2025:JHHC:34396
annum as directed by the Tribunal. However, this Court while hearing
the appeal has reduced the rate of interest from 9% to 7.5% per annum.
On which, the further calculation was made and found that the said extra
payment of Rs.61,779/- has been made.
6. The main grievance of the petitioner- Insurance Company is that the
Executing Court is proceeding ex-parte without entertaining the
objection with regard to extra payment by the petitioner- Insurance
Company.
7. Learned counsel for the respondents/ claimants submits that there is no
error in the calculation and so far, the claimants have received a sum of
Rs.44,20,730/- only. It is not disputed by leaned counsel for the
claimants that this amount includes interest @9% per annum being
penal interest as the payment was made within a month of the order by
the Insurance Company. The main grievance is that Rs.40,000/- as
consortium along with interest has not been paid.
8. Having considered the submissions advanced on behalf of both the
sides, learned Tribunal is directed to compute the compensation amount
as per the order passed by this Court in M.A. No.656 of 2018 along with
interest after hearing both the sides. Both the parties are directed to
appear before the learned Tribunal on 01.12.2025 and thereafter the
learned Tribunal shall pass order after hearing the parties.
9. The instant CMP stands disposed of. Pending I.A., if any, also stands
disposed of. In the meantime, the execution proceeding is stayed.
(Gautam Kumar Choudhary, J.)
Sandeep/-
Uploaded
19.11.2025.
