The High Court of Jharkhand disposed of three miscellaneous applications involving insurance claims after the insurance companies agreed to additional settlements and payment terms were fixed.
Settlements approved; payments of additional amounts by insurance companies to be made within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Miscellaneous Appellate Jurisdiction) M.A. No. 210 of 2014
…..... Manish Mahajan …. ..... Appellant Versus Shailendra Chandravanshi & Others …. ..... Respondents WITH M.A. No. 211 of 2014 …..... Sankalp Shekhar Prasad Sinha …. ..... Appellant Versus Shailendra Chandravanshi & Others …. ..... Respondents WITH M.A. No. 213 of 2014 …..... Jyotsna Devi …. ..... Appellant Versus Shailendra Chandravanshi & Others …. ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)
…......... For the Appellants : Mr. Arvind Kumar Lall, Advocate. (in all cases) For the Respondents : Mrs. Swati Shalini, J.C. to Mr. Chandrajit Mukharjee (ICICI Lombard) Mr. D.C. Ghosh, Advocate (UIICL)
07/09.10.2020.
M.A. No. 210 of 2014
In terms of order dated 08.07.2020 passed by this Court, both the Insurance Company i.e. ICICI Lombard General Insurance Company Limited represented by Mrs. Swati Shalini on the instruction of Mr. Chandrajit Mukherjee and United India Insurance Company Limited represented by Mr. D.C. Ghosh have submitted that both the Insurance Company have agreed with the proposal given by the appellant and in M.A. No. 210/2014, both the Insurance Company have agreed to pay an additional amount of Rs. 15,000/-, out of which Rs. 7,500/- shall be paid by ICICI Lombard General Insurance Company Limited and Rs. 7,500/- shall be paid by United India Insurance Company Limited and to that effect, an affidavit has been filed by United India Insurance Company Limited, but affidavit could not be filed in this case on the behalf of ICICI Lombard General Insurance Company Limited because of lock down.
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Learned counsel for the appellant, Mr. Arvind Kumar Lall, has submitted that he has no objection, money can directly be transferred in the account of claimant through RTGS as bank account number has already been furnished in para-2 of the compromise petition i.e. I.A. No. 4806/2020.
Accordingly, in view of compromise / settlement between the parties, M.A. No. 210/2014 is disposed of. Consequently, I.A. No. 4806/2020 is also disposed of.
M.A. No. 211 of 2014
In terms of order dated 08.07.2020 passed by this Court, both Insurance Company i.e. ICICI Lombard General Insurance Company Limited represented by Mrs. Swati Shalini on the instruction of Mr. Chandrajit Mukherjee and United India Insurance Company Limited represented by Mr. D.C. Ghosh have submitted that both the Insurance Company have agreed with the proposal given by the appellant and in M.A. No. 211/2014, both the Insurance Company have agreed to pay an additional amount of Rs. 10,000/-, out of which Rs. 5000/- shall be paid by ICICI Lombard General Insurance Company Limited and Rs. 5000/- shall be paid by United India Insurance Company Limited and to that effect, an affidavit has been filed by United India Insurance Company Limited, but affidavit could not be filed in this case on the behalf of ICICI Lombard General Insurance Company Limited because of lock down.
Learned counsel for the appellant, Mr. Arvind Kumar Lall, has submitted that he has no objection, money can directly be transferred in the account of claimant through RTGS as bank account number has already been furnished in para-2 of the compromise petition i.e. I.A. No. 4807/2020.
Accordingly, in view of compromise / settlement between the parties, M.A. No. 211/2014 is disposed of. Consequently, I.A. No. 4807/2020 is disposed of.
M.A. No. 213 of 2014
In terms of order dated 08.07.2020 passed by this Court, both Insurance Company i.e. ICICI Lombard General Insurance Company
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Limited represented by Mrs. Swati Shalini on the instruction of Mr. Chandrajit Mukherjee and United India Insurance Company Limited represented by Mr. D.C. Ghosh have submitted that both the Insurance Company have agreed with the proposal given by the appellant and in M.A. No. 213/2014, both the Insurance Company have agreed to pay an additional amount of Rs. 50,000/-, out of which Rs. 25,000/- shall be paid by ICICI Lombard General Insurance Company Limited and Rs. 25,000/- shall be paid by United India Insurance Company Limited and to that effect, an affidavit has been filed by United India Insurance Company Limited, but affidavit could not be filed in this case on the behalf of ICICI Lombard General Insurance Company Limited because of lock down.
Learned counsel for the appellant, Mr. Arvind Kumar Lall, has submitted that he has no objection, money can directly be transferred in the account of claimant through RTGS as bank account number has already been furnished in para-2 of the compromise petition i.e. I.A. No. 4808/2020.
Accordingly, in view of compromise / settlement between the parties, M.A. No. 213/2014 is disposed of. Consequently, I.A. No. 4808/2020 is disposed of.
It is expected that such payment must be done within a period of one month from today.
(Kailash Prasad Deo, J.)
Sunil-Jay/-
Manish Mahajan
Sankalp Shekhar Prasad Sinha
Jyotsna Devi
Shailendra Chandravanshi
Shailendra Chandravanshi & Others
KAILASH PRASAD DEO
As recorded by the court registry
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