Advocates:
['JASVINDER MAZUMDAR', '', 'RAJESH KUMAR', 'RISHAV DEV', 'P A S PATI', 'MATINUDDIN KHAN']

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M.A. 216 of 2010

IN THE HIGH COURT OF JHARKHAND AT RANCHI

M.A. No. 216 of 2010

(Against the award dated 26^th July, 2010 passed by learned

Additional District Judge-cum- M.A.C.T. Judge, F.T.C.-II, Dhanbad

in Title (Motor Vehicle) claim Case No. 130 of 2006)

1. Kaleshwar Thakur @ Kaleshwar Sharma, son of late Gajadhar

Thakur

2. Smt. Sushila Devi, wife of Sri Kaleshwar Thakur @ Kaleshwar

Sharma, All residents of Kanta Ghar, New Colony, Digwadih no.

10, P.O._ Bhulan Barari P.S.- Jorapokhar, District- Dhanbad

…... Plaintiffs/ Applicants/ Appellants

Versus

1. Sri Ashok Sharma, son of Sri M.P. Sharma, Resident of Qr. No. B-62,

T.V. Centre, Koyla Bhawan, Koyla Nagar, Shiv Mandir, P.O. & P.S.-

Dhanbad, Dhanbad

2. I.C.I.C.I Lombard General Insurance Company Ltd., Regd. Officer-

ICICI Bank, Towers Bandra Kurla Complex, Bandra East Mumbai-

400051, having its office at 1^st Floor, ICICI Bank Building Shastri

Nagar, Dhanbad, District- Dhanbad

….. Respondents / Opposite Parties/Defendants

For the Appellants

: Mrs. Jasvinder Mazumdar, Adv.

P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:-

Heard the learned counsel for the appellants but no one

turns up on behalf of the respondents in spite of repeated calls even

though notice has been validly served upon the respondents hence

this appeal is heard ex-parte.

2. This Miscellaneous Appeal is directed against the award dated

26^th July, 2010 passed by learned Additional District Judge-cum-

M.A.C.T. Judge, F.T.C.- II, Dhanbad in Title (Motor Vehicle) claim

Case No. 130 of 2006 whereby and where under, the tribunal

awarded a sum of Rs. 1,96,500/- and after deducting Rs. 50,000/-

already paid to the claimant-appellant, directed the respondent 2-

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M.A. 216 of 2010

insurance company to pay a sum of Rs. 1,46,5000/- to the

claimants within 30 days from the date of that order, and in case of

default, insurance company was further directed to make payment

with interest @ 9% per annum from the date of the order.

3. The brief facts of this case is that the deceased Gulsan Kumar

Sharma while returning from Dhanbad to Digwadih on a

motorcycle, was dashed by a Bolero vehicle being rashly and

negligently driven by its driver. Gulsan Kumar Sharma fell down

and received serious injuries in the said motor vehicle accident

and the said Gulsan Kumar Sharma was taken to Life Line, Jharia

where the doctors declared him to be dead. The deceased Gulsan

Kumar Sharma was involved in the profession of giving

treatment to domestic animals and he took training of domestic

animal treatment from training centre, Hazaribag and his monthly

income was Rs. 5,000/-. Learned Tribunal altogether framed

following eight issues:-

I. Is the suit maintainable in the present form?

II. Is there any cause of action against the defendants ?

III. Is the suit barred by limitation as provided under the Act ?

IV. Whether the suit is bad for non-joinder of the necessary

parties i.e. the owner and the insurance company of the Tempo are

also necessary parties ?

V. Whether the accident took place due to rash and negligent

driving of the Bolero bearing registration no. JH10K3916 ?

VI. Whether the driver of the Bolero bearing registration no.

JH10K3916 had valid and effective driving licence ?

VII. Whether the plaintiffs are entitled to any compensation? If

so, then defendants no. 1 or defendant no. 2 is liable to pay the

same?

VIII. Whether the plaintiffs are entitled to any other or further

reliefs as claimed in the plaint?

The learned tribunal disposed of issue nos. I, III, and IV as

not pressed, answered issue no. II in the affirmative and took up

issue no. V and VI together and held that the deceased Gulsan

Kumar Sharma died due to rash and negligent driving of the

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