Jharkhand High Court
Ms New India Assurance Company Ltd ... vs Smt Pramila Kuer And Ors on 17 August, 2015
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 4 of 2013
M/s New India Assurance Company Ltd., having its Divisional Office at Raipur,
Chhatisgarh, through Sri Sunil Jha, Divisional Manager, M/s New India
Assurance Company Ltd., Divisional Office no. 1, Ashoka Automobile Building,
Main Road, Ranchi-843001 ...........Appellant
Versus
Smt. Pramila Kuer and others .... Respondents
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Appellant : M/s Nisha Thakur, Advocate
For the Respondents : M/s
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th
08/Dated:17 August, 2015
I.A. no. 1973 of 2014
This interlocutory application has been filed under section 5 of the Limitation Act for condoning the delay of 2 days in filing the present appeal.
Learned counsel on behalf of appellant submitted that the judgment and order was passed on 17.09.2012 by District Judge-II cum Motor Vehicle Accident Claim Tribunal, Garhwa in M.V. case no. 25 of 2008. That after obtaining the certified copy of the judgment it was handed over to the appellant company and from there it was sent to Legal Cell, Patna and thereafter, the Regional Officer Patna, marked the file to the Legal Cell, Divisional Officer 1, Ranchi directing to proceed with the appeal. That because of winter recess the application was filed after opening of the Hon'ble High Court. That there was no intentional or deliberate laches on the part of the appellant.
Considering the reasons assigned in paragraph nos. 1, 2, 3, 4, 5and 6 of the supporting affidavit, reasonable explanation has been given for delay in filing the appeal. Accordingly, the delay of 2 days is hereby condoned and I.A. no. 1973 of 2014 stands allowed and disposed of.
I.A. no. 4551 of 2015 This interlocutory application has been filed under Order 41, Rule 5 read with Section 151 of the Code of Civil Procedure for the stay of the Certificate Case no. 01 of 2014-15 pending before Certificate Court, Garhwa.
Learned counsel on behalf of appellant submitted that vide judgment dated 17.09.2012, the compensation of Rs. 6,47,000/- with interest of 9% per annum was directed to be paid by the appellant to the claimants. It is submitted that the learned Tribunal failed to appreciate that the deceased was travelling on the roof of the Bus which was in violation of the terms and -2- conditions of the insurance policy under Section 149(2) of the M.V. Act, 1988 and the said deceased was not a third party in terms of section 147 of the M.V. Act.
On the above grounds, it has been submitted that the tribunal has erred in law and in fastening the liability on the appellant and prayer has been made to stay the proceeding in Certificate Case no. 01 of 2014-15 pending before the Certificate Court, Garhwa.
If the appellant-insurance company deposits the awarded compensation amount before the Certificate Officer, within two months from the date of this order, further proceeding in the execution in Certificate Case no. 01 of 2014-15 shall remain stayed.
M.A. No. 4 of 2013It transpires from the office note that notices upon respondent nos. 1 to 5 had been validly served but they had not appeared.
Learned counsel for the appellant submitted that she shall take fresh steps for issuance of notice upon respondent no. 6.
Learned counsel for the appellant is directed to file requisites of notice upon respondent no. 6 under ordinary process.
(Amitav K. Gupta, J.) Tarun /-