Jharkhand High Court
National Insurance Co. Ltd. B.P ... vs Geeta Devi on 8 March, 2022
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A No. 79 of 2016
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National Insurance Co. Ltd. B.P Agarwala Building at PO &PS Dhansar Dist.
Dhanbad .... .... Appellant(s).
Versus
1. Geeta Devi
2. Nand Kishore Ram @ Nand Modi
3. Rukmini Devi
4. Raj Kumar
5. Akshay Kumar
6. Priyanka Kumari
7. Paradise Transporters Pvt. Ltd .... .... Respondent(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Appellant(S) : Mr. Alok Lal Advocate For the Respondent :
08/08.03.2022 Heard the counsel for the appellant.
Insurance Company has challenged the award dated 5.2.2015 passed by District Judge- V-cum-MACT, Dhanbad in TMV No. 182 of 2004, whereby the sum of Rs. 5,19,200/- has been awarded in favour of the claimants.
Counsel for the appellant submits that admittedly the deceased was a cleaner (Khalasi) working with the vehicle bearing Tripper No. JH 10B 7975. He submit that on 31.8.2004 when the said Khalasi was checking the vehicle, the driver started and plied the vehicle, as a result of which the deceased was smashed by the back wheel of the said Tripper. It is his contention that since the Khalasi was not covered by the Insurance Policy, the Insurance Company is not liable to pay any amount. This is the only point raised by the Insurance Company.
After going through the impugned award, I find in paragraph no. 27, the Tribunal has held that there was no Insurance coverage of cleaner of the vehicle and after holding the same, the Tribunal directed the Insurance Company to pay the awarded amount to the claimants and recover the same from the owner of the offending vehicle.
Since the right to recover has been given to the appellant-insurer and considering the fact that legislation is beneficial, I am directing the Insurance Company to pay the awarded amount to the claimants and recover the same from the owner of the offending vehicle(s). Thus, I am not inclined to interfere with the award.
Accordingly, the instant miscellaneous appeal stands dismissed. Statutory amount deposited by the Insurance Company at the time filing of this appeal should be refunded to the Insurance Company.
(ANANDA SEN , J) anjali/cp2