Icici Lombard General Insurance Co. Ltd vs Rina Sinha @ Rina Devi @ Reena Sinha & Ors
2025 Latest Caselaw 7058 Jhar

Jharkhand High Court

Icici Lombard General Insurance Co. Ltd vs Rina Sinha @ Rina Devi @ Reena Sinha & Ors on 20 November, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           M. A. No. 132 of 2023

ICICI Lombard General Insurance Co. Ltd., through its Manager Legal Amit
Jaiswal                                        ....   ....   Appellant
                            Versus
Rina Sinha @ Rina Devi @ Reena Sinha & Ors. ...       ....     Respondents
                        With
                 M. A. No. 223 of 2022

Smt. Rina Sinha @ Rina Devi @ Reena Sinha & Ors
                                         .... ....   Appellants
                             Versus
Ashwini Kumar Gupta & Ors.               ....       ....   Respondents
                             With
                 M. A. No. 176 of 2023

Branch Incharge, The New India Assurance Company Ltd.
                                           .... ....  Appellant
                              Versus
Rina Sinha @ Rina Devi @ Reena Sinha & Ors
                                         ....       ....   Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellants       : Mr. Bibhash Sinha, Advocate
For the Resp. No. 1 to 3 : Mr. Arvind Kumar Lall, Advocate
                           Mr. Shiwam Lath, Advocate
                           Ms. D. Arati Kumari, Advocate
                           Mr. Shivam Singh Kashyap, Advocate

For Resp. No. 7          : Mr. G.C. Jha, Advocate(In M.A. No. 132 of 2023)
For the Appellants       : Mr. Arvind Kumar Lall, Advocate
                           Mr. Shiwam Lath, Advocate
                           Ms. D. Arati Kumari, Advocate
                           Mr. Shivam Singh Kashyap, Advocate
                            (In M.A. No. 223 of 2022)

For the Resp. No. 3      :Mr. Bibhash Sinha, Advocate

For the Resp. No. 4      :Mr. G.C. Jha, Advocate (In M.A. No. 223 of 2022)

For the Appellants      :Mr. G.C. Jha, Advocate (in M.A. No. 176 of 2023)
                           ------

Order No. 09 / Dated : 20.11.2025.

All these three cases arise of the judgment and award of compensation in Motor Accident Claim Case No. 56 of 2015, in which a finding of fact was recorded with regard to composite negligence of the truck bearing registration no. JK-02AA-4394 and winger tempo bearing registration no. JK-02BA-9972. Ashwani Kumar Gupta is the owner of the truck, whereas Suman Devi is the owner of winger tempo.

2. Notice was earlier issued on both the owners of the vehicle and from the office note dated 18.11.2025, it appears that the notice has been validly served by the husband of the Suman Devi which will be deemed to be duly served on her (owner of the winger tempo). In this view of the matter, since notice has been duly served in one of the cases and all these three cases are being heard together, the requirement of service of notice separately in each is dispensed with respect to her.

3. So far respondent no. 5- Ashwani Kumar Gupta is concerned, learned counsel on behalf of the Insurance-Company is directed take step for service of notice on him, for which requisite etc. under speed post as well as under ordinary process must be filed within one weeks.

I.A. No. 14816 of 2025 in M.A. No. 176 of 2023

4. Heard the learned counsel on behalf of the New India Assurance Company Ltd. in this interlocutory application which has been filed for stay of the execution proceeding against the Insurance-Company.

5. It is submitted that the learned Tribunal has held both the vehicles to be compositely responsible for the accident at 50-50 %. The finding is against the weight of the evidence. FIR was lodged against the driver of the truck and the charge sheet was also filed against the driver of the truck. The oral evidence has also come that the accident took place due to rash and negligent driving by the driver of the truck. Therefore, the fastening of liability on the New India Assurance Company Ltd. which is the insurer of the winger tempo is not supported by any evidence. Against this backdrop, a prayer is made to stay the execution proceeding so far this Insurance-Company is concerned.

6. Mr. Bibhash Sinha, learned counsel on behalf of the ICICI Lombard General Insurance Co. Ltd. that there is no evidence that the driver of winger tempo was having any valid driving licence and it was a case of head on collusion. Therefore, it will be premature at this stage to infer that the accident was caused due to rash and negligent driving by the driver of the truck.

7. It is submitted by the learned counsel on behalf of the claimants that more than 10 years have been elapsed since the time of accident, but no compensation amount has been received by the claimants which goes against very object of the M.A. Act.

8. Having considered the submissions advanced on behalf of the both sides, the interlocutory application is allowed, consequently, execution of award in M.A. No. 176 of 2023 is stayed till further order.

9. Appellants-Insurance Company in M.A. No. 132 of 2023 is directed to deposit 50% of the compensation amount of the awarded amount against it, with learned Tribunal which will be disbursed forthwith on proper identification to the claimants within one month of the order.

10. Appellants are directed to serve notice upon respondent no. 5- Ashwani Kumar Gupta for which requisites etc. under speed post as well as under ordinary process must be filed within one week.

11. List these cases after five weeks.

12. In the meantime, call for Lower Court Records from Court concerned.

13. After the payment of the 50% amount with interest @ 7.5% by the ICICI Lombard General Insurance Co. Ltd, the execution proceeding is stayed till further order.

(Gautam Kumar Choudhary, J.) Pawan/ -

Uploaded 25.11.2025