IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 435 of 2015 ---------

Md. Azimuddin, son of Late Md. Sultan Ahmad, Resident of Village – Barkagaon, P.O. and P.S. – Barkagaon, District – Hazaribagh, Jharkhand and At present residing at Fahima Academy Road, at Pugmil, P.O. and P.S. – Hazaribagh, District – Hazaribagh, Jharkhand ... … Owner/Appellant Versus New India Assurance Company Limited, having its Branch at Main Road, Near Lakshmi Cinema, Hazaribagh, P.O. and P.S. –

Hazaribagh, Jharkhand – 825301 …Opposite party/ Respondent ---------

For the Appellant : Mr. A. Allam, Sr. Advocate : Mr. Faisal Allam, Advocate For the Respondent : Mr. Alok Lal, Advocate ---------

P R E S E N T HON'BLE MR. JUSTICE ARUN KUMAR RAI

JUDGMENT

C.A.V. on 04.07.2025 Pronounced on 28.11.2025

1. Heard Mr. A. Allam, learned Senior Counsel appearing on behalf of the appellant/owner and Mr. Alok Lal, learned counsel appearing on behalf of the respondent- New India Insurance Company Limited.

2. The instant miscellaneous appeal is directed against the judgment dated 31.07.2015, passed by learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribagh in Miscellaneous Case No. 13 of 2006 whereby and whereunder, the court below has rejected the Miscellaneous Case No. 13 of 2006 which was remanded by the Hon’ble High Court after considering the Miscellaneous Appeal No. 212 of 2002 on

25.04.2006.

3. This case has a chequered history, therefore, facts are being narrated below in a chronological manner:-

(i) On 24.04.1992 at 06:30 A.M. while Imamuddin was riding the bicycle and Wakil Ahmad was sitting on it, then a petrol tanker having Registration No. BPM 3760 dashed the bicycle and the above-said Wakil Ahmad fell down from the bicycle and received internal injury and died on the spot. Mrs. Amna Khatoon, wife of deceased Wakil Ahmad and their sons filed a claim petition under Sections 140 and 166 of Motor Vehicle Act, 1988 before the Claim Tribunal, Hazaribagh being Claim Case No. 264 of 1992 and present appellant as well as respondent i.e. New India Insurance Company was made opposite party in the above-said claim petition.

(ii) The record reveals that despite service, the present appellant did not choose to appear before the learned Tribunal in the said proceeding, whereas Insurance Company put its appearance before the learned Tribunal and got deleted its name from array of respondents on the premise that the day on which accident took place, the said petrol tanker was not insured with the Insurance Company, as the insurance of the offending tanker had already expired on 19.12.1991. Appellant herein, is the owner of the said petrol tanker involved in the accident.

(iii) The learned Tribunal vide award dated

10.08.2001 allowed the claim petition and awarded compensation of Rs. 1,60,000/- to the claimants with an interest of 9% per annum from the date of filing of the claim application. The Tribunal directed the owner of the offending tanker (appellant herein, to make payment within stipulated time).

(iv) Records further reveal that for recovery of above-

said awarded amount, a certificate case was filed by the dependent of deceased Wakil Ahmad being Certificate Case No. 05 of 2003 before the Certificate Officer, Hazaribagh and show cause was issued to the appellant, then the appellant filed an objection under Section 9 of Public Demand Recovery Act, 1914, but same was rejected and Certificate Officer issued direction for payment of the decretal amount asking the appellant to pay the said amount to the dependent of deceased Wakil Ahmad.

(v) It further transpires that the appellant filed miscellaneous appeal being M.A. No. 212 of 2002 before the Hon’ble High court against the award dated 10.08.2001 passed in Claim Case No. 264 of 1992. The appellant also filed one writ petition before the Hon’ble High Court vide W.P.(C) No. 4145 of 2003 against the above said award dated 10.08.2001 in which an interim order was passed by the Hon’ble High Court on 26.08.2003 wh