National Insurance Company Limited, Ramgarh vs Nazma Khatoon And Ors

Heard, learned counsel for the appellant- National Insurance Company Limited.

The appellant- National Insurance Company Limited has preferred this Appeal against the award/judgment dated 29.05.2014 passed by learned

District Judge-V-cum-P.O., MVACT, Hazaribagh, whereby the claimants, 1.Nazma Khatoon and 2.Khatija Khatoon have been awarded

compensation to the tune of Rs.1,32,000/- to be paid equally to both the claimants within one month, failing which, the insurance company is liable to

pay penal interest @6% per annum from the date of award till realization. The amount, if already paid under Section 140 M.V. Act shall be deducted

from the total amount.

Learned counsel for the appellant has assailed the impugned award on two grounds :-(1)That the deceased (Md. Abbas @ Bagha Khan) was driver

of Maruti Van bearing Registration No.JH02A- 3769 which was dashed by truck bearing Registration No.OR-13 3414 and though the owner of the

truck, namely, Deepak Verma, S/o Sonu Verma, Resident of House No.1269, Sonari, P.O. & P.S. Sonrari, Jamshedpur, District- East Singhbhum,

Chasis No.760324 ATO 101689, Engine No.697-D234 TO-102767, has been impleaded as party, but even after notice the owner of the offending

truck did not appear nor any document with regard to the insurance policy of the offending truck was brought on record and in absence of same

where the deceased (Md. Abbas @ Bagha Khan) was himself driver of the Maruti Van the claimants were granted compensation by directing the

appellant- National Insurance Company Limited to indemnify the same, though the learned Tribunal has found 50% contributory negligence of both the

truck and the maruti van.

Learned counsel for the appellant has submitted that as per instruction the claimants have not preferred any appeal for enhancement of the award, as

such, notice may be issued to all the respondents in both limitation as well as in main memo of appeal.

Considering such submission, let notice be issued to all the respondents under both process i.e. under Registered Cover with A/D as well as under

Ordinary Process for which, requisites etc., must be filed in two weeks.

Put up this case after appearance of the parties.