Oriental Insurance Co. Ltd vs Raghunath Thakur on 12 August, 2022

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Jharkhand High Court

Oriental Insurance Co. Ltd vs Raghunath Thakur on 12 August, 2022

Bench: Ananda Sen

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Civil Review No. 77 of 2021
                                             With
                                      I.A. No. 6973 of 2021
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Oriental Insurance Co. Ltd., Hazaribagh Petitioner(s) Versus

1. Raghunath Thakur

2. Bikas Thakur

3. Khusbu Kumari

4. Shri Jogeshwar Sahu Opp. Party(s)

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         CORAM         :     HON'BLE MR. JUSTICE ANANDA SEN.
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         For the petitioner(s):          Mr. Pratyush Kumar, Advocate.
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                                  I.A. No. 6973 of 2021

05/12.08.2022: Since the office report suggests that there is no delay in filing this review petition, this application, filed for condoning the delay of 11 days, is dismissed as the same has become infructuous.

Civil Review No. 77 of 2021

By filing of this Civil Review Petition, the petitioner-Insurance Company seeks for reviewing the part of the order dated 22.10.2021 passed in M.A. No. 13/2013.

The ground of review is that the order passed in M.A. No. 13/2013 has applied the principle "pay and recover" whereas the Tribunal in the claim application has exonerated the Insurance Company and directed the owner of the offending vehicle to pay the entire amount of compensation, after holding that the deceased was a gratuitous passenger in a goods carrying vehicle.

It is admitted fact that the deceased was a gratuitous passenger in a goods carrying vehicle. The Tribunal after assessing the compensation directed that the owner of the vehicle has to pay the entire amount of compensation and exonerated the insurance company.

Miscellaneous Appeal No. 13/2013 was filed at the instance of the claimants claiming enhancement of compensation and also a submission was made that the principle of "pay and recover" should have been applied in the instant case.

This Court, after going through the evidence and the document, was satisfied that the deceased was a gratuitous passenger in a goods carrying vehicle. Since the vehicle was insured with the petitioner-Insurance Company, the principle of "pay and recover" was applied in that case.

Thus, I find no ground to interfere with the order dated 22.10.2021 passed in M.A. No. 13/2013, as there is no error apparent on the face of record.

Accordingly, this review application is dismissed.

      Anu/-CP2                                                           (ANANDA SEN, J.)

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