Reliance General Insurance Company Limited Thr Its Legal Claims Head East Sri Jitendra Kumar Pandit Vs Puja Dey

2025:JHHC:33814

IN THE HIGH COURT OF JHARKHAND AT RANCHI

M. A. No.79 of 2022

Reliance General Insurance Company Ltd., having its Police Issuing Office at 4^th Floor, Dhiren Tower, S.B. Shop Area Road, Bistupur, TownJamshedpur, PO and PS- Bistupur, District- East Singhbhum (Jharkhand) through its Legal Claims Head (East), Sri Jitendra Kumar Pandit, S/o Late Rajendra Kumar Pandit, R/o 47A 1 /2 R. K. Ghoshal Road, PO and PSKasba, District- Kolkata, PIN- 700042 (West Bengal).

¶5

.... .. ... Appellant(s)

¶6

Versus

¶7

1(i).Puja Dey, Widow of Late Mukund Kumar Dey 1(ii).Ankit Anand

¶8

1(iii).Gaurav Anand Both S/o Late Mukund Kumar Dey

¶9

All R/o Shivajee Park, Chhoti Khanjarpur, Near S. M. College, POKhanjarpur, District- Bhagalpur 812001.

¶10

M/s Triveni Engicons Private Limited (In Charge Anand Dorajaka), R/o St. Near Shitla Mandir, Chakradharpur, PO and PS- Chakradharpur, DistrictSinghbhum West.

¶11

Narayan Mahato, S/o Bardhanath Mahto, R/o Village- Sonua, PO and PSSonua, District- Singhbhum West.

¶12

4.National Insurance Company Limited, Policy Issuing Office at Sadar Bazar, Main Road, PO and PS- Sadar, Chaibasa, District- Singhbhum West.

¶13

.. ... ...Respondent(s)

¶14

CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

¶15

For the Appellant (s) : Mrs. Swati Shalini, Advocate Mr. Amit Kr. Das, Advocate For the Resp. No.4 : Mr. Pratiyush Kumar, Advocate M/s Taru Gupta, Advocate V. Chaturvedi, Advocate For the Claimants : Mr. D. Kr. Maltiyar, Advocate Mr. Ashok Kr. Pandey, Advocate Mr. A. Gaurav, Advocate For the Resp. No.2 : Mr. Krishanu Ray, Advocate Mr. Manish Kumar, Advocate

¶16

09/ 11.11.2025 . Heard, learned counsel for the parties.

¶17

1. The appellant- Insurance Company is in appeal against the judgment and Award of compensation dated 28.02.2022 passed by learned District Judge-III-cum- P.O., Motor Accident Claims Tribunal, West Singhbhum at Chaibsa in Motor Accident Claims Case No.45 of 2018, whereby and whereunder a compensation of Rs.13,66,302/- has been awarded along with interest @ 6% per annum from the date of filing of the claim application till date of payment and the liability has been fixed to pay the compensation amount on the appellant- Insurance Company.

¶18

2. The finding of fact regarding the factum of accident and insurance of the vehicle is not under-challenge in the instant Misc. Appeal.

¶19

1

¶20

2025:JHHC:33814

¶21

3. The main grounds of appeal are on two folds :- firstly it is contended that the offending vehicle was a transport vehicle i.e. Pick-up Camper Bolero used for commercial purpose and no permit was produced, therefore, it amounted to breach of policy in terms of Section 149 (2) of the M. V. Act. Secondly, it is argued that while awarding compensation, the medical Bills have not been properly proved and compensation has been awarded under the head of Loss of Marital bliss and Mental agony and Physical pain also.

¶22

4. Learned counsel for the claimants has defended the impugned order/ judgment. It is argued, and rightly so, that hyper technical pleas of proof are being raised in an accident claim case, which is essentially a beneficial piece of legislation where rules of evidence do not apply in their absolute rigidity.

¶23

5. For better appreciation of the award of compensation it is extracted below

¶24

:-

¶25

Srl. Number	Heads	Amount in Rupees
1.	Loss of earnings	Not pleaded
2.	Medical Bills	Rs.11,56,302/-
3.	Room Rent at Kolkata	Rs.10,000/-
4.	Ambulance &Train Fare	Rs.50,000/-
5.	Mental agony & Physical pain	Rs.1,00,000/-
6.	Loss of Maritalbliss	Rs.50,000/-
	Total	Rs.13,66,302/-

¶26

6. From the documents adduced into evidence on behalf of the claimants, it is apparent that the deceased sustained motor vehicle accident involving Pick Up van having Registration No.JH 06D – 5953 and as per Ext.1, Sonua P.S. Case No.48 /2017 was registered.

¶27

7. The claimant/ injured was admitted after accident in Tata Main Hospital as per Ext.4 and remained hospitalized for two months. He had sustained head injury and was referred for treatment to Appollo Hospital, Kolkata where his brain surgery was done. The documents regarding which have been marked as Ext.5 to 5/26 and Ext. 6 to 6/17.

¶28

8. These documents leave no doubt regarding the nature of injury and prolonged treatment.

¶29

9. So far as the plea of breach of terms of the insurance policy is concerned, learned Tribunal has discussed at length in Para-38 of the impugned judgment that the copy of the registration certificate of the offending vehicle was adduced into evidence and marked as exhibit without any objection. According to which, the net weight of the vehicle was 2735 Kg.

¶30

2

¶31

2025:JHHC:33814

¶32

for which a permit was not required in terms of Section 66(3)(1) of the M. V. Act.

¶33

10. On these material evidence, I do not find any infirmity in the impugned judgment of Award of compensation, as such, the instant Misc. Appeal stands dismissed with cost. Pending I.A., if any, also stands disposed of.

¶34

11. The statutory amount deposited at the time of preferring the instant Misc. Appeal shall be remitted to the concerned Tribunal so as to be disbursed/ adjusted in the final compensation amount.

¶35

( Gautam Kumar Choudhary, J. )

¶36

Uploaded 13.11.2025 Sandeep/

¶37

3

Reliance General Insurance Company Limited Thr Its Legal Claims Head East Sri Jitendra Kumar Pandit v. Puja Dey

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Company Limited Thr Its Legal Claims Head East Sri Jitendra Kumar Pandit v. Puja Dey

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Nitika Tiwari Vs Sishir Chandra Shekhar

Shashi Kant Pandey Vs Ajit Gour

Satish Kumar Upadhyay Vs Kashida Devi

Madan Kumar Alias Madan Kumar Sahu Vs Shanti Devi

M/S.Janta Motor Works And Anr. Vs Deputy Regional Director And Anr.

Zafar Hussain Vs Anjani Prasad Singhania