JUDGMENT :

(Through : Video Conferencing)

Heard, learned counsel for the appellant.

2. Appellant-The Oriental Insurance Co. Ltd. has preferred this appeal against the award dated 17.02.2017 passed by learned District Judge-III-cum-Motor Vehicles Accident Claims Tribunal, Jamshedpur, in Compensation Case No.146 of 2013 whereby the claim application of the claimant/respondent-Sabitri Keshri (claimant) has been allowed, directing the Insurance Company to pay a sum of Rs.9,96,000/- along with interest @ 6% per annum from the date of filing of the claim application till the date of actual payment. If the amount has been paid to the applicant under Section 140 of the MV Act as ad-interim compensation, the same should be deducted from the above mentioned awarded amount. The applicant is directed to deposit half of the compensation amount in fixed deposit scheme for a period of six years in a nationalized bank.

3. Learned counsel for the appellant has assailed the impugned award on the ground that the registration number of the offending vehicle mentioned in the FIR as Bajaj Scooter bearing registration no.BR-16C-2674, but during investigation the claimant has disclosed the offending vehicle as Hero Honda motorcycle bearing registration No.JH-05U-1032.

4. Learned counsel for the appellant has submitted that learned Tribunal has not considered the judgment passed by co-ordinate Bench of this Court in the case of Oriental Insurance Co. Ltd. vs. Smt. Benu Karmakar & Ors., reported in 2014 (2) JCR 811 = 2014 (2) JLJR 433.

5. Learned counsel for the appellant has further submitted that the impugned award is bad in law, as such, the instant appeal may be allowed by setting aside the impugned judgment.

6. Learned counsel for the appellant has further submitted that I.A. No.7561 of 2017 has been filed under Section 5 of the Limitation Act read with Section 151 CPC for condonation of delay of 96 days.

7. Learned counsel for the appellant has further submitted that I.A. No.5708 of 2020 has been filed under Order-XLI, Rule 5 read with Section 151 CPC for stay of Execution/Revocation Case No.34 of 2017 pending in the court of District Judge-III at Jamshedpur.

8. Learned counsel for the appellant has thus submitted that delay may be condoned and stay of Execution Case may be granted after hearing the parties, be pleased to set aside the award.

9. Heard, learned counsel for the appellant and perused the impugned award. It appears that husband of the claimant-Gopal Prasad died in a motorcycle accident, which caused on 24.06.2009 at about 09:30 A.M. near Share-A-Punjab Chowk, Adityapur, who was referred for treatment and ultimately succumbed to the injury at T.M.H., Jamshedpur on 25.06.2009 at the age of 48 years.

10. The appellant has raised a point with regard to discrepancies in registration number of the offending vehicle as Bajaj Scooter bearing registration no.BR-16C-2674, which was mentioned in the FIR, but during investigation the offending vehicle disclosed by the claimant as Hero Honda motorcycle bearing registration No.JH-05U-1032. The police after thorough investigation has submitted charge-sheet, which has been brought on record as Exhibit-2.

11. From perusal of the record, it appears that after accident the claimant went to Kolkata with the dead-body of her husband. Thereafter she returned to Jamshedpur and the shopkeepers around the place of occurrence disclosed the registration number of actual offending vehicle as Hero Honda motorcycle bearing registration No.JH-05U-1032, which was thoroughly investigated by the investigating agency and submitted charge-sheet against the driver of the offending Hero Honda Motorcycle. From perusal of the impugned award at internal page 6, it appears that the appellant-Insurance Company has miserably failed to adduce evidence in support of its version nor any document has been brought on record to substantiate the pleading nor owner of the offending vehicle i.e. Hero Honda motorcycle bearing registration No.JH-05U