Disposed¶28

The New India Assurance Company Ltd., Represented Thro Its Duly Authorized Signatory Deputy Manager v. Abdul Hasib

Jharkhand HC3 Jul 2025MA/168/2025

Case brief

AI extract

What is this about?

condonation of delay 335 days; I.A. No.4091 of 2025; section 140 Motor Vehicle Act 1988 interim award Rs.50,000 routine in death cases; section 166 petition undecided; occupant of private car not covered under policy — contention kept open; New India Assurance appeal; Motor Accident Claim Case No.13 of 2019; MACT Lohardaga award dated 16.1.2024; appeal disposed keeping law points open; statutory deposit release to appellant.

What did the court decide?

Delay of 335 days in preferring the appeal condoned (I.A. No.4091 of 2025 allowed); appeal disposed of with law points kept open; statutory deposit to be released in favour of the appellant on proper petition. ¶28

The New India Assurance Company Ltd., Represented… — Motor Accident Claims | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 335 days in preferring the appeal, as sought in I.A. No.4091 of 2025, should be condoned. +1 more

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Court's answer

The prayer in I.A. No.4091 of 2025 is allowed and the delay of 335 days in preferring the instant appeal is condoned; the I.A. stands disposed of.

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Ratio / Principle

The appellant's contention on merit (occupant of a private car not covered under the policy) is kept open, to be decided by the learned Tribunal if the claimants prefer an appeal under section 166 of the Motor Vehicles Act, 1988.

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Key takeaways

The statutory amount deposited by the insurance company will be released in favour of the appellant on proper petition.ratio¶29
Section 140 of the Act is the provision for granting an interim award of Rs.50,000/- only, allowed in a routine manner in accident cases where death has occurred, while the claimants' section 166 petition remains undecided before the trial court.obiter¶27

Detailed headnote1 paragraphs

Insurance appeal (M.A. No. 168 of 2025, High Court of Jharkhand, Ranchi; Sanjay Kumar Dwivedi, J.; decided 03.07.2025) by The New India Assurance Company Limited against the award dated 16.1.2024 of the Presiding Officer, Motor Accident Claims Tribunal, Lohardaga in Motor Accident Claim Case No.13 of 2019 under section 140 of the Motor Vehicle Act, 1988. I.A. No.4091 of 2025 for condonation of a 335-day delay was allowed and the delay condoned. On merit, the court noted that the claimants' petition under section 166 had not yet been decided, that section 140 is the provision for interim award of Rs.50,000/- granted routinely where death has occurred, and kept the insurer's contention that the occupant of a private car is not covered under the policy open for decision by the Tribunal if the claimants file a section 166 appeal. Appeal disposed of with law points open; statutory deposit directed to be released to the appellant on proper petition.

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2025:JHHC:17915

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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----

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M.A. No. 168 of 2025

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----

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The New India Assurance Company Limited, Ranchi Branch Office-1, Sahid Chowk, Kachheri Road, P.O.G.P.O. and P.S.Kotwali, Ranchi -834001, represented through its duly authorized signatory, Deputy Manager, New India Assurance Company Limited, T.P.Hub, P.P.Compound, Main Road, P.O. and P.S. Hindpiri, Ranchi …. Opposite Party No.3/Appellant

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-- Versus --

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1.Abdul Hasib, s/o late Abdul Rahman

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2.Sabina Khatoon, w/o Abdul Hasib

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Both resident of Village Chatwal, P.O. and P.S. Chanho, Ranchi

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3.Md. Jamruddin, s/o late Kasmuddin Resident of Village Pakaria, PO and PS Chanho, District-Ranchi (Present Owner of Maruti 800 Van Omni No.JH-01U-9105)

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4.Thakur Digvijay Narayan Singh, s/o Thakur Vishnu Dhori Singh Resident of A-3 Lal Saheb Compound, Sadabahar Chowk, P.O. and

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P.S.Namkum, Namkum, District Ranchi

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(Previous Owner of Maruti 800 Van Omni No.Jh-01U-9105)

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…. Opposite Parties Nos.1 and 2/ Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellants(s) :- Mr. Pratiyush Kumar, Advocate For the Respondent(s) :- ----

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4 /03.07.2025 I.A. No.4091 of 2025 has been filed for condonation of delay of 335 days

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in preferring the present appeal.

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The learned counsel for the appellant/ Insurance company submits that such delay has occurred in preparation for filing of the instant appeal.

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For the reasons stated in the instant I.A., the prayer made in the instant I.A is allowed and the delay of 335 days in preferring the instant appeal is, hereby, condoned and the instant I.A stands disposed of.

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On merit the learned counsel for the appellant/ Insurance company submits that this appeal has been preferred against the award dated 16.1.2024 passed by the learned Presiding Officer, Motor Accident Claims Tribunal,

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1 M.A. No. 168 of 2025

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2025:JHHC:17915

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Lohardaga in Motor Accident Claim Case No.13 of 2019 under section 140 of Motor Vehicle Act, 1988. He submits that under the said policy, the occupant of a private care is not covered, and in spite of that, section 140 of the said Act application has been decided by the learned court.

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It appears that the petition under section 166 of the said Act has not been decided as yet by the learned trial court and section 140 of the said Act is the provision to grant interim award to the tune of Rs.50,000/- only and that is being allowed in a routine manner in all the accident cases, where the death has occurred, the contention of the learned counsel for the appellant with regard to merit is concerned, that is kept open to be decided by the learned Tribunal if any appeal is preferred by the claimants under section 166 of the Motor Vehicles Act, 1988.

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