Dismissed

M/S Oriental Insurance Company v. Ashis Kumar And Ors.

Jharkhand HC6 Sept 2012MA/253/2008

Case brief

AI extract

What is this about?

In this miscellaneous appeal, the High Court of Jharkhand dismissed the insurer's appeal against an order under Section 140 of the Motor Vehicles Act awarding compensation to claimants. The court held that the police's final report finding no criminal offence does not preclude the civil claim for compensation.

What did the court decide?

The appeal filed by the appellant company was dismissed, affirming the order directing payment of compensation to the respondents.

M/S Oriental Insurance Company Vs Ashis Kumar And Ors. — Insurance | Jharkhand HC (2012)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI Misc. Appeal No. 253 of 2008

¶2

---

¶3

M/s Oriental Insurance Company Ltd. --Versus--

¶4

... ... Appellant

¶5

Ashis Kumar & Others .... ... ... ... Respondents

¶6

¶7

CORAM : HON'BLE MRS. JUSTICE JAYA ROY

¶8

---

¶9

For the Appellant : M/s Nisha Thakur, Advocate For the Respondents : Mr. Gaurav

¶10

¶11

Order No.15 Dated 6th September, 2012

¶12

ORDER

¶13

By Court, Heard counsel for the appellant and the counsel for the respondents.

¶14

2 . The appellant -company has filed this appeal against the order dated 10^th March, 2008 passed in M.A.C. Case No.14 of 2006 under Section 140 of the Motor Vehicle Act, 1988,directing appellant-company to pay a sum of Rs.50,000/- (Rs.Fifty Thousand) in favour of major claimants i.e. respondent Nos.3 and 4 in this appeal.

¶15

3 . Counsel for the appellant has submitted that though a case has been registered under Section 279, 304(A) of the I.P.C. on the written report by one Krishna Das against the driver of the truck, but after the investigation, the police has submitted the final report stating therein that no offence under Section 279, 304(A) of the I.P.C. is made out and this is a case of unnatural death. Counsel for the appellant has further contended that as because there is no accident has taken place according to the final report submitted by the police, the claimants are not entitled to any compensation even under Section 140 of the Motor Vehicle Act. It is also submitted that the date of occurrence was the 'Bandh day'.

¶16

4 . The Counsel for the respondents has submitted that admittedly the vehicle was ensured and the driver has a valid driving license. He has further submitted that as because the police has submitted the final form, it cannot be said that the occurrence has not taken place and the criminal case is still going on, therefore, the trial court under Section 140 of the Motor Vehicle Act has rightly awarded the aforesaid amount to the claimants.

¶17

5 . Considering the submissions made by both the parties, I find that the appellant has raised the only point that the police has submitted the final report in this case, but due to the submission of the final report by the police, it cannot be said that no accident has taken place because there are various stages of the criminal trial and the criminal case is still pending against the driver. Furthermore, I find that admittedly the vehicle was ensured with the appellant-company and the driver had a valid driving license, therefore, I do not find any reason to interfere with the impugned order.

¶18

6 . Accordingly, this appeal is dismissed. However, the appellant is at liberty to raise all his submissions in the claim case.

¶19

( Jaya Roy, J. )

¶20

SI/

M/S Oriental Insurance Company v. Ashis Kumar And Ors.

Case brief

What is this about?

What did the court decide?

M/S Oriental Insurance Company v. Ashis Kumar And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jaigy Oraon Jatru Oraon And an Vs New India Assurance Co.Ltd. And

Sanjay Kumar Prasad Sanjay P Vs Arun Kumar Mandal And Ors.

Asraf Khan And Ors. Vs Tata Motors Ltd. And Anr.

M/S Oriental Insurance Company Vs Mala Devi And Ors.

New India Assurance Co.Ltd. Vs Bhikhani Devi And Ors.

United India Insurance Co.Ltd. Vs Smt.Khiriya Devi And Ors.

What is this about?

What did the court decide?

What is this about?

What did the court decide?

What the court decided

A compact analysis

Jaigy Oraon  Jatru Oraon And an Vs New India Assurance Co.Ltd. And

Sanjay Kumar Prasad  Sanjay P Vs Arun Kumar Mandal And Ors.

Asraf Khan And Ors. Vs Tata Motors Ltd. And Anr.

M/S Oriental Insurance Company Vs Mala Devi And Ors.

New India Assurance Co.Ltd. Vs Bhikhani Devi And Ors.

United India Insurance Co.Ltd. Vs Smt.Khiriya Devi And Ors.

Jaigy Oraon Jatru Oraon And an Vs New India Assurance Co.Ltd. And

Sanjay Kumar Prasad Sanjay P Vs Arun Kumar Mandal And Ors.