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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
New India Assurance Co. Ltd. – Appellant
Versus
Manjhli Manjhian @ Manjhli Manjhiain, W/o Late Lai Chand Soren – Respondent
| Table of Content |
|---|
| 1. quashing of payment order under article 227 (Para 2 , 3) |
| 2. agreement to pay and compliance issues (Para 4) |
| 3. court affirms order; no merit in petition (Para 5 , 6) |
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard learned counsel appearing for the petitioner-insurance company and learned counsel appearing for the opposite party Nos. 1 to 5.
2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 02.02.2024 passed in Execution Case No. 16 of 2019 by the learned District Judge-I-cum- P.O. (MAC), Dhanbad, whereby the learned court has been pleased to direct the petitioner to make payment of Rs. 8,07,617/- along with interest @ 9% per annum within 30 days from the date of order dated 08.05.2023 in terms of order dated 03.08.2018, passed by this Court in M.A. No. 96 of 2010.
3. Mr. Manish Kumar, learned counsel appearing for the petitioner-insurance company submits that the claimants have moved before this court for enhancement of the award in M.A. No. 96 of 2010. He submits that award was already made in favour of the claimants by the learned Tribunal and the insurance company has been directed to pay the awarded amount of Rs
Court upheld the order requiring timely payment of a compensation award, emphasizing adherence to mediation agreements and the importance of compliance with court orders despite clerical errors.
The petitioner's restraint order for payment of compensation should not prejudice the claimants' entitlement to interest on the compensation awarded till the date of actual receipt.
The court can allow modification of an order if both parties agree to the correction.
The main legal point established is that the amount already paid pursuant to an interim order should not be considered while computing interest, as per the principles established in Gurpreet Singh Vs....
The necessity of including the Insurance Company in claim proceedings under the Motor Vehicles Act is crucial for valid awards.
In motor accident claims, appellate court may enhance compensation without claimants' cross-objection for justness; however, interest on enhanced portion from judgment date if claimants delayed filin....
The High Court must examine appeals on their merits; an undertaking given under pressure does not preclude rights to challenge an award substantively.
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