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Arun Kumar Budhia v. Jashita Devi (Died)

Motor Accident Compensation Appeal – Section 147 of the Motor Vehicle Act – Property (house) damage caused by bus JH 01X 2413 on 08.01.2013

Jharkhand HC2 Dec 2025MA/95/2022

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What is this about?

Misc. Appeal No.95 of 2022; 2025:JHHC:36084; High Court of Jharkhand; Gautam Kumar Choudhary, J.; Section 147 Motor Vehicle Act; MACC Case No.30 of 2013; MVCT/District & Additional Sessions Judge, Gumla; house damage near NH 78; bus JH 01X 2413; accident dated 08.01.2013; premium paid Exhibit B; liability limit Rs.6000/-; insured liability Rs.7,50,000/-; award Rs.94,000/- against owner; insurer liable for entire compensation; appeal allowed.

What did the court decide?

Miscellaneous Appeal allowed; impugned Tribunal award set aside; Insurance Company held liable to pay the entire compensation to the claimants; statutory amount refunded to the appellant. ¶24

Arun Kumar Budhia Vs Jashita Devi (Died) — Motor Accident Claims | Jharkhand HC (2025)

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2025:JHHC:36084

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Misc. Appeal No.95 of 2022

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Arun Kumar Budhia, son of Late Jagmohan Prasad Budhia, resident of Budhia Bagan, 3^rd Street, Hindpirhi, P.S. Hindpirhi, P.O. Ranchi, District Ranchi .... .... …. Appellant

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.... .... …. Appellant

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Versus

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Jashita Devi, wife of Late Mankishore Oraon

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Sunil Oraon, son of Late Mankishore Oraon

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Sujeet Oraon, son of Late Mankishore Oraon

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Shchit Oraon, son of Late Mankishore Oraon

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All residents of village Balgaon, P.O., P.S. and District Gumla, at present resident of village Karaundi, P.O., P.S. and District Gumla

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.... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant	: Mr. Arvind Kumar Lall, Advocate
	Ms. D. Arati Kumari, Advocate
For the Respondent Nos.1-5	: None
For the Respondent No.6	: Mr. Manish Kumar, Advocate

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Order No.10 / Dated : 02.12.2025

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The owner of vehicle is in appeal against the award of compensation of Rs.94,000/- under Section 147 of the Motor Vehicle Act passed in MACC Case No.30 of 2013 by learned District & Additional Sessions Judge V-cum-MVCT, Gumla for the damage to the property of third party/claimant in a motor vehicle accident caused by bus bearing registration no. JH 01X 2413 on 08.01.2013.

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As per the case of the claimants, the said bus dashed and damaged the house situated near NH 78 for which the claim was preferred before the Tribunal. The learned Tribunal allowed the claim of Rupees One Lakh however, held that Insurance Company will be liable to pay compensation of Rs.6000/-, whereas Rs.94,000/- was to be paid by the appellant/owner of the vehicle.

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It is argued by the learned counsel on behalf of the appellant that the learned Tribunal misdirected itself while applying Section 147 of the M.V. Act which provides that where premium for house damage is not paid, the liability of Insurance Company is limited to Rs.6000/-. Here, in the

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2025:JHHC:36084

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present case, it is contended that the premium was paid which will be evident from Exhibit B for a liability of Rs.7,50,000/-.

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Learned counsel on behalf of the Insurance Company has not disputed the factual assertions with regard to the insurance policy.

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Having considered the submission advanced, I find that learned Tribunal has failed to consider that since the premium amount had been paid vide Exhibit B, therefore, liability of the Insurance Company extended to pay the full compensation amount and could not have been confined to Rs.6000/-. The impugned order is set aside and the Insurance Company shall be liable to pay the entire compensation amount to the claimants.

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Miscellaneous Appeal is accordingly, allowed. Interlocutory Application, if any, is disposed of. Statutory amount be refunded to the appellant.

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(Gautam Kumar Choudhary, J . )

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Anit

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Uploaded 04.12.2025

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Arun Kumar Budhia v. Jashita Devi (Died)

Case brief

What is this about?

What did the court decide?

Arun Kumar Budhia v. Jashita Devi (Died)

Case brief

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What did the court decide?

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