Dismissed

Branch Manager Oriental Insurance Company Limited Reprr Thr Its Senior Divisional Manager v. Pushpa Orain And Ors.

Jharkhand HC5 Jul 2022MA/590/2015

Case brief

AI extract

What is this about?

The Single Judge of the High Court of Jharkhand analyzed the sole ground taken by an Insurance Company challenging a Motor Accident Claims Tribunal award. The court found the Tribunal correctly applied the 'pay and recover' theory. Consequently, the appeal was dismissed and the deposited amount was to be refunded.

What did the court decide?

The Statutory amount deposited by the appellant-Insurance Company at the time of filing of the appeal is ordered to be refunded.

Branch Manager Oriental Insurance Company Limited Reprr Thr Its… — Insurance | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No.590 of 2015

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Branch Manager, Oriental Insurance Company Limited, Branch Office, Hotel Novelty Powergaj Chowk, Lohardaga, duly represented through its Senior Divisional Manager, Divisional Office, Oriental Insurance Co. Ltd., Tiwary Enclave, Circular Road, Lalpur, Ranchi 834001.

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… Appellant

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-versus-

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Pushpa Orain w/o late Tija Oraon @ Tira Oraon

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Minor Indrajeet Oraon s/o late Tija Oraon @ Tira Oraon

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Minor Rakesh Oraon s/o late Tija Oraon @ Tira Oraon

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Minor Ajeet Oraon s/o late Tija Oraon @ Tira Oraon

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Nirmal Oraon s/o late Tija Oraon @ Tira Oraon

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Respondent Nos.2 to 4 being minors and are duly represented through their mother and natural guardian respondent no.1, namely, Pushpa Orain. All residents of village Porri, P.O. & P.S. Ghaghra, District Gumla.

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Mokhtar Ansari s/o Gafar Ansari, resident of village, P.O. & P.S. Ghaghara, District Gumla.

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Parwez Khan s/o Sayeed Khan, resident of village Ladhup Senha, P.O. Ladhup, P.S. Chandwa, District Latehar (Palamau)

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… Respondents

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---CORAM : HON’BLE MR. JUSTICE ANANDA SEN

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---For the Appellant : Mr. Pratyush Kumar, Advocate For the Respondents: Mr. Sajjan Shammi Verma, Advocate

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6/ 05.07.2022 Heard learned counsel for the appellant and learned counsel appearing for the respondents.

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2. This appeal can be disposed of at this stage itself without going through the Lower Court Records in view of the limited challenge made in this appeal.

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3. Counsel appearing for the appellant-Insurance Company submits that the Principal District Judge-cum-Presiding Officer, Motor Accident Claims Tribunal, Gumla, while awarding compensation in MAC No.33 of 2009, should have directed the owner of the vehicle to pay the entire amount of compensation, considering that the deceased was a gratuitous passenger. This is the only ground taken by the Insurance Company.

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4. After going through the award, I find that the Tribunal has applied theory of pay and recover, after holding that there was a violation of the terms and conditions of the insurance policy. In paragraph 36 of the award, Tribunal has directed the Insurance Company to recover the amount from the owner after paying compensation to the claimants.

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5. Since the theory of pay and recover has been applied by the Tribunal and the Insurance Company has been given right to recover the

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-: 2 :-

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amount of compensation from the owner of the vehicle, I am not inclined to entertain this appeal. This appeal is, accordingly, dismissed. Statutory amount deposited by the appellant-Insurance Company at the time of filing of this appeal should be refunded to the appellant-Insurance Company.

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(Ananda Sen, J.)

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Kumar/Cp-02

Branch Manager Oriental Insurance Company Limited Reprr Thr Its Senior Divisional Manager v. Pushpa Orain And Ors.

Case brief

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What did the court decide?

Branch Manager Oriental Insurance Company Limited Reprr Thr Its Senior Divisional Manager v. Pushpa Orain And Ors.

Case brief

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What did the court decide?

What the court decided

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