Disposed

Ms Iffco Tokio General Insurance Co. Ltd. through Its Vice President Saikat Sarkar v. Merry Dungdung

Jharkhand HC12 Oct 2020MA/90/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of two miscellaneous appeals filed by M/s IFFCO TOKIO General Insurance Co. Ltd. against Lok Adalat awards. The Court directed the insurer to pay Rs. 6 lacs in one appeal and Rs. 5 lacs in the other as settled between parties in a virtual Out-of-Court Settlement mechanism. The statutory amounts were directed to be refunded.

What did the court decide?

Directed the Insurance Company to deposit Rs. 6 lacs (MA 85) and Rs. 5 lacs (MA 90) as per Lok Adalat awards; Registrar General to refund statutory amounts within four weeks.

Ms Iffco Tokio General Insurance Co. Ltd. through Its Vice… — Insurance | Jharkhand HC (2020)

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

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M. A. No. 85 of 2018

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M/s IFFCO TOKIO General Insurance Co. Ltd. ........... Appellant Versus Merry Soreng & Ors. ........ Respondents

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With M. A. No. 90 of 2018

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M/s IFFCO TOKIO General Insurance Co. Ltd. ........... Appellant Versus

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Merry Dungdung & Ors. ........ Respondents

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)

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….... For the Appellant : Mr. Ashutosh Anand, Advocate For the Respondents : Md. Zaid Ahmed, Advocate (For Owners) : Ms. Talat Parween, Advocate (For Claimants)

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…....

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10/12.10.2020

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M. A. No. 85 of 2018

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Heard, learned counsel for the appellant, Mr. Ashutosh Anand.

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Learned counsel for the appellant has submitted that matter has been settled between the parties before the Country's 1^st Insurance Lok Adalat (Virtual) held on 26.09.2020, whereby the Insurance Company has to pay a sum of Rs. 6 lacs to the claimants.

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Learned counsel for the claimants, Ms. Talat Parween has endorsed the same.

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Learned counsel for the owner of the vehicle, Md. Zaid Ahmed has no objection.

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Considering the same, the miscellaneous appeal is disposed of with a direction to the Insurance Company to satisfy the award by depositing the same before the learned Executing Court / Original Court at Simdega within 30 days, if already not deposited.

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The Registrar General of this Court is directed to refund the statutory amount within a period of four weeks from the date of filing of requisition by learned counsel for the appellant.

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Accordingly, the instant miscellaneous appeal is disposed of.

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Consequently, I. A. No.11609/2019 is hereby closed.

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M. A. No. 90 of 2018

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Heard, learned counsel for the appellant, Mr. Ashutosh Anand.

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-2-

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Learned counsel for the appellant has submitted that parties have entered into compromise before the Country's 1^st Insurance Lok Adalat (Virtual) held on 26.09.2020, whereby the Insurance Company has to pay a sum of Rs. 5 lacs to the claimants, but the statutory amount deposited by the appellant be refunded by this Court.

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Learned counsel for the claimants, Ms. Talat Parween has no objection.

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Learned counsel for the owner of the vehicle, Md. Zaid Ahmed has no objection.

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Considering the same, the Insurance Company is directed to deposit Rs. 5 lacs as agreed by the parties before the Original Court at Simdega within 30 days, if already not deposited.

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The Registrar General of this Court is directed to refund the statutory amount within a period of four weeks from the date of filing of requisition by learned counsel for the appellant.

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Accordingly, the instant miscellaneous appeal is disposed of. Consequently, I. A. No.11592/2019 is hereby closed.

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(Kailash Prasad Deo, J.)

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Sunil-Jay/

Ms Iffco Tokio General Insurance Co. Ltd. through Its Vice President Saikat Sarkar v. Merry Dungdung

Case brief

What is this about?

What did the court decide?

Ms Iffco Tokio General Insurance Co. Ltd. through Its Vice President Saikat Sarkar v. Merry Dungdung

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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