Dismissed

National Insurance Company Ltd. Represented through Its Asst Manager v. Smt Sudama Modi

Jharkhand HC8 Nov 2019MA/22/2019

Case brief

AI extract

What is this about?

The High Court dismissed the insurance company's appeal against a motor accident compensation award, ruling that with a pending writ petition already remaining infructuous, there was no infirmity in the award's computation.

What did the court decide?

Miscellaneous Appeal dismissed; Appellant directed to deposit the claimed amount with interest within 60 days.

National Insurance Company Ltd. Represented through… — Motor Accident Claims | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Miscellaneous Appellate Jurisdiction)

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M. A. No. 22 of 2019

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National Insurance Company Ltd. Branch-Ramgarh Cantt.

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...... Appellant

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Versus

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Smt. Sudama Modi, wife of Suresh Kumar Modi(Mother of deceased)

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Suresh Kumar Modi, son of Late Dashrath Modi (Father of deceased)

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General Manager-cum-Managing Director, C.C.L.

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Project Officer, Lapanga Colliery. ....... Respondents

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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…......

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For the Appellant :Mr. G. C. Jha, Advocate. For the Respondents :

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03/08.11.2019. Heard, learned counsel for the appellant. The National Insurance Company Ltd. has preferred this appeal against the award dated 30.06.2018 in Motor Accident Claim Case No.89 of 2009 passed by learned Presiding Officer, M.V.A.C.T., Hazaribag whereby the claimants namely Smt. Sudama Modi and Suresh Kumar Modi have been awarded compensation to the tune of Rs.5,74,320/- along with interest @ 9% per annum as their son Abhishek Aman died in motor accident on 01.03.2008 at 7.15A.M. while he was going by a bicycle to Bhurkunda for attending Computer training. The offending vehicle bearing registration No. BHM2981 coming from River side towards Bhurkunda was driven by its driver rashly, negligently and in excessive speed dashed Abhiskhek Aman causing multiple injuries who later succumbed to the injuries in course of treatment at C.C.L., Hospital, Bhurkunda and FIR has been lodged at Patratu (Bhurkunda) Police Station vide no.43 of 2008 dated 01.03.2008 under Section 279/304(A) IPC.

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Learned counsel for the appellant has submitted that ex-party proceeding against the Insurance Company was assailed by the Insurance Company before this Court by filing a Writ Application vide WP(C) No.5951 of 2015 but the same remain pending and the award was passed by the learned Tribunal though after passing of the award that writ petition was also dismissed as infructous in terms of order dated 03.07.2019 as such, this Court may set aside the impugned award and remand the matter for fresh consideration.

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-2-

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Heard, learned counsel for the appellant and perused the materials brought on record. It appears that deceased a young boy died in motor vehicle accident as such, there is no infirmity in impugned award. The Tribunal has rightly awarded the compensation and no illegality has been shown with regard to computation of compensation as such, the appeal being devoid of merit is hereby dismissed.

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Accordingly, the Miscellaneous Appeal is hereby dismissed.

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Accordingly, I. A. No.475 of 2019 and I. A. No.6967 of 2019 are closed.

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The appellant is directed to indemnify the claim amount along with interest as awarded by the learned Tribunal within a period of 60 days from today. On deposit of said amount the learned Tribunal may issue notice to the claimants and after due verification disburse the amount to the claimants. The statutory amount deposited by the appellant before this Court for preferring appeal shall be remitted to the appellant by the Registrar General of this Court within four weeks from the date of filing of such requisition.

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Let the order be communicated to the learned Tribunal forthwith.

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(Kailash Prasad Deo, J.)

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Jay/

National Insurance Company Ltd. Represented through Its Asst Manager v. Smt Sudama Modi

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. Represented through Its Asst Manager v. Smt Sudama Modi

Case brief

What is this about?

What did the court decide?

What the court decided

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