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JHARKHAND HIGH COURT
A.P. Singh, J
State of Jharkhand – Appellant
Versus
Reliance General Ins. Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. discusses liability concerning ex gratia payments. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. details on compensation calculations and claims. (Para 7 , 8 , 9 , 10 , 12 , 13) |
| 3. court's observations on liability under motor vehicles act. (Para 11 , 18 , 20 , 22 , 24) |
| 4. final conclusions on appeals and compensation. (Para 28 , 29 , 30) |
1. These two appeals arising out of judgment and award dated 8.3.2016 passed by the learned District Judge cum Motor Accidents Claim Tribunal, Court No. 1, Giridih in Title (MV) Claim Case No. 46 of 2009.
2. MA No. 639 of 2016:
Learned counsel appearing on behalf of the State while assailing the impugned award has submitted that the State was debarred from filing written statement, but the insurance company in its written statement had specifically taken a plea that the ex gratia amount of Rs.10,00,000 was required to be adjusted against the compensation amount. He submits that even when the vehicle was requisitioned for the purposes of election, the liability of the insurance company continued even after the judgment passed by Hon'ble Supreme Court reported in National Insurance Co. Ltd. v. Deepa Devi , 2008 ACJ 705 SC. However, during the course
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