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Judgment
All the aforesaid four Misc. Appeals arising out of a common accident, as such, they are being heard together and disposed of , by this common
judgment.
Heard, learned counsel for parties.
M.A. No.459 of 2015 has been filed by the appellant- New India Assurance Company Limited against the award passed on 21.05.2015 by learned
District Judge- XII-cum- MACT Judge, Dhanbad in T. (M.V.) S. No.52 of 2011, whereby, the learned Tribunal has granted compensation to the
claimants to the tune of Rs.6,18,000/- (after deducting Rs.50,000/- paid under Section 140 M.V. Act) to be paid within a period of two months, failing
which this compensation amount shall also carry interest @6% per annum. The defendant No.2 (New India Assurance Company Limited) has been
given right of recovery from the defendant No.1- Mukesh Agarwal, S/o Vijay Lal Agarwal, Resident of G.T. Road, Rajganj (Katras), P.O. & P.S.
Katras, Dhanbad.
M.A. No.458 of 2015 has been filed by the appellant- New India Assurance Company Limited against the award passed on 21.05.2015 passed by
learned District Judge-XII-cum- MACT Judge, Dhanbad in T. (M.V.) S. No.54 of 2011, whereby, the learned Tribunal has granted compensation to
the claimants to the tune of RS.6,18,000/- (after deducting Rs.50,000/- paid under Section 140 M.V. Act) to be paid within a period of two months
failing which this compensation amount shall also carry interest @6% per annum. The defendant No.2 (New India Assurance Company Limited) has
been given right of recovery from the defendant No.1- Mukesh Agarwal, S/o Vijay Lal Agarwal, Resident of G.T. Road, Rajganj (Katras), P.O. &
P.S. Katras, Dhanbad.
M.A. No.460 of 2015 has been filed by the appellant- New India Assurance Company Limited against the award passed on 21.05.2015 passed by
learned District Judge-XII-cum- MACT Judge, Dhanbad in T. (M.V.) S. No.55 of 2011, whereby, the learned Tribunal has granted compensation to
the claimants to the tune of RS.5,82,000/- (after deducting Rs.50,000/- paid under Section 140 of the M.V. Act) to be paid within a period of two
months failing which this compensation amount shall also carry interest @6% per annum. The defendant No.2 (New India Assurance Company
Limited) has been given right of recovery from the defendant No.1 Mukesh Agarwal, S/o Vijay Lal Agarwal, Resident of G.T. Road, Rajganj
(Katras), P.O. & P.S. Katras, Dhanbad.
M.A. No.461 of 2015 has been filed by the appellant- New India Assurance Company Limited against the award passed on 21.05.2015 passed by
learned District Judge-XII-cum- MACT Judge, Dhanbad in T. (M.V.) S. No.53 of 2011, whereby, the learned Tribunal has granted compensation to
the claimants to the tune of RS.4,19,000/- (after deducting Rs.50,000/- paid under Section 140 M.V. Act) to be paid within a period of two months
failing which this compensation amount shall also carry interest @6% per annum. The defendant No.2 (New India Assurance Company Limited) has
been given right of recovery from the defendant No.1 Mukesh Agarwal, S/o Vijay Lal Agarwal, Resident of G.T. Road, Rajganj (Katras), P.O. &
P.S. Katras, Dhanbad.
Learned counsel for the appellant has submitted that in view of the instruction given by the competent authority of the New India Assurance Company
Limited, the appellant does not want to pursue the matters, but with condition that the right of recovery given by the learned Tribunal in favour of the
Insurance Company from the owner of the offending vehicle may remain intact in all these claim cases.
Learned counsel for the claimants, Mr. Zaid Ahmad and Learned counsel for the owner, Mr. Ranjan Kumar have fairly submitted that till date they
have not preferred any appeal against the impugned award.
Considering such submissions of the parties, the appellant-Insurance Company is directed to withdraw these four appeals with right to recover from
the owner of the vehicle as granted by the learned Tribunal.
Accordingly, all the four aforesaid Misc. Appeals stand dismissed, as withdrawn.
However, the statutory amount deposited by the appellant- Insurance Company in all these four Misc. appeals at the time of preferring the appeals
shall be remitted to the learned Tribunal/Executing Court, within a period of four weeks from today by the learned Registrar General of this Court,
which shall be paid to the claimants after due verification and balance amount of the award along with interest in terms of the award passed by the
learned Tribunal, shall be indemnified by the Insurance Company within a reasonable time.
All the pending interlocutory applications stand closed.