JHARKHAND HIGH COURT
A.P. Singh, J
State of Jharkhand – Appellant
Versus
Reliance General Ins. Co. Ltd. – Respondent
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 of arguments, the learned counsel for the appellant has not been able to distinguish the judgment of the Hon'ble Supreme Court in the case reported in Deepa Devi (supra).
3. The learned counsel has also relied upon the judgment passed by the Hon'ble Supreme Court reported in Reliance General Ins. Co. Ltd. v. Shashi Sharma , 2016 ACJ 2723
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