Jharkhand High Court
The Divisional Manager vs Pushpa Kumari on 19 November, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:34558
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Misc. Appeal No.446 of 2025
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The Divisional Manager, ICICI Lombard General Insurance Company
Limited, through its Manager Legal, Amit Jaiswal, son of Shri M. Bhagat,
having its Branch at Kadru Bye Pass Road, P.O. Doranda, P.S. Doranda,
District Ranchi .... .... .... Appellant
Versus
1. Pushpa Kumari, wife of Late Niranjan Kumar
2. Aryan Kumar, son of Late Niranjan Kumar
3. Sajal Anjali, daughter of Late Niranjan Kumar
Sl. Nos.2 and 3 are minors and they are represented through their natural
guardian as well as the mother namely Pushpa Kumari
4. Suraj Mani Devi, wife of Late Chhote Narayan Singh
All residents of Sector 3/D, Qr. No.435, B.S. City, P.O. & P.S. B.S. City,
District Bokaro
5. Govind Kumar Turi, resident of Basanti More, Cooling Point No.2,
Baidhmara, P.O. Harla, P.S. Harla, District Bokaro
6. The Divisional Manager, ICICI Lombard Motor Insurance Company
Limited, Branch address- First Floor, Plot No. M-5, City Centre, Sector IV,
B.S. City, Bokaro .... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellant : Mr. Bibhash Sinha, Advocate
For the Respondents :
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Order No.02 / Dated : 19.11.2025
Insurance Company is in appeal against the judgment of award of
compensation passed by District Judge I-cum-MACT, Bokaro in Motor
Accident Claim Case No.107 of 2021 whereby and whereunder
compensation has been awarded under Section 166 of the Motor Vehicle Act
to the claimants for which liability has been fixed on the Insurance Company
to pay compensation amount with a right to recovery.
2. It is argued by the learned counsel on behalf of the Insurance
Company that in effect the claimant did not suffer any financial loss as
opposite party no.1- Pushpa Kumari, the widow of the deceased was given
compassionate appointment by Steel Authority of India Limited on the
death of her husband, Niranjan Kumar, who was employed in Bokaro
General Hospital, Bokaro. Reliance is placed on Special Leave Petition (Civil)
No.9515 of 2020 (New India Assurance Co. Ltd. Vs. Smt. Sunita Sharma &
Others), wherein it has been held that the High Court had deducted only
50% of the compensation under Deceased Government Employment Rules,
2025:JHHC:34558
2006 of the Government of Haryana. It is further argued that the factum of
accident is also under cloud as there was no DTO report.
3. Having considered the submissions, the main point for
determination in the instant appeal is whether compassionate appointment
to Claimant No.1, can be ground for disallowing the claim case or reducing
the compensation awarded by the learned Tribunal.
4. On perusal of the authority relied upon, it is manifest that the
direction of the Apex Court was confined to deduction of 50% of the
compensation under Deceased Government Employment Rules, 2006 as
framed by the Government of Haryana. No such Rule is here that mandates
deduction of any compensation amount on account of compassionate
appointment being granted by the employer-Company.
5. Law in this regard has been held by Hon'ble Apex Court in Civil
Appeal Nos. 13668-13669 of 2024 (Balwinder Kaur Vs. Punjab State through
its Secretary & Anr.) that the offering of compassionate appointment to a
family member of the deceased cannot be a ground to dislodge a claim for
death under the Motor Vehicle Act. In nutshell, it has been held that both are
different reliefs and availability of one cannot be a ground for denial of
another.
6. Further, I do not find any force in the argument advanced that
accident has not been proved. The FIR, charge sheet and direct evidence
prove that the death was accidental in nature.
Miscellaneous Appeal is dismissed. Interlocutory Application, if
any, is disposed of.
Insurance Company is directed to pay the balance compensation
amount to the claimants within a month of the order. Statutory amount be
remitted to the Tribunal for payment.
(Gautam Kumar Choudhary, J.)
Anit
Uploaded
21.11.2025
