The Divisional Manager vs Smt. Madhu & Ors
2025 Latest Caselaw 7190 Jhar

Jharkhand High Court

The Divisional Manager vs Smt. Madhu & Ors on 26 November, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      M. A. No.266 of 2025
         The Divisional Manager, M/s National Insurance Company Limited
                                                    .... .. ... Appellant(s)
                            Versus
         Smt. Madhu & Ors.                .. ... ...Respondent(s)
                            With
                      M. A. No.267 of 2025
         The Divisional Manager, M/s National Insurance Company Limited
                                                    .... .. ... Appellant(s)
                            Versus
         Smt. Kumkum Jha & Anr.           .. ... ...Respondent(s)
                                With
                          M. A. No.268 of 2025
       The Divisional Manager, M/s National Insurance Company Limited
                                                           .... .. ... Appellant(s)
                                 Versus
       Smt. Poonam Singh & Anr.                  .. ... ...Respondent(s)
              ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

For the Appellant (s) : M/s Amaresh Kumar, Advocate Arpita Sinha, Advocate [In all three Misc. Appeals] For the Respondent(s) :

......

03/ 26.11.2025. Since all these Misc. Appeals are arising out of common accident and involved common questions of law, therefore, they will be heard together and disposed of by the common order/ judgment.

It is submitted by learned counsel for the appellant- Insurance Company that there is fundamental breach of the Insurance policy as the driver of the vehicle was minor and was not having a valid driving licence.

Even if this plea is accepted, there cannot be any escape from the liability of the appellant- Insurance Company to pay the compensation amount.

If the appellant- Insurance Company succeeds, it will have a right to recovery, but that will not be a ground to avoid liability to pay the compensation amount.

Under the circumstances, the appellant- Insurance Company is directed to make full and final compensation amount to the claimants in all the aforesaid three Misc. Appeals as per the direction of the learned Tribunal within a month of the order.

Issue notice upon all the respondents under ordinary process as well as under Speed Post for which requisites etc. must be filed within one week.

List these cases on 21.01.2026.

Sandeep/- (Gautam Kumar Choudhary, J.) Uploaded 26.11.2025.