Reliance General Insurance Co. Ltd. v. Punam Devi And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.846 of 2012 ====================================================== Reliance General Insurance Co. Ltd. through its Manager, 570, Reliance House, Naigam Cross-Road, Wadala (w) Mumbai-40031, at present Reliance Centre 19, Walichand, Hirachand Marge, Ballard Estate, Mumbai-400001 (Registered office).

... ... Appellant/s

Versus

1.

Punam Devi W/o Late Rajkishore Jayswal, Resident Of Village- Saidpur, Post- Devpura, P.S- Nawcothi, District- Begusarai. 2.

Sanjay Kumar S/O Ram Anugrah Prasad Singh, Resident of Village Post Office- Dumri, P.S- Barahiya, District- Lakhisarai, District- Bihar. 3.

Jhari Mahto S/O Prabhu Mahto Resident of Village +Post Office- Manghul, P.S- Cheriya Bariyarpur, District- Begusarai, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Alok Kumar @ Alok Kr Shahi For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 13-05-2019 Heard the parties.

2. This miscellaneous appeal has been listed under the heading 'To be Mentioned' at the instance of appellant Reliance General Insurance Co. Ltd. for the reason that the miscellaneous appeal No. 846 of 2012 was dismissed by this Court on 22.04.2019 with a direction that the statutory amount of Rs. 25,000/- which was deposited by appellant at the time of filing of appeal for which a cheque of Rs. 25,000/- be prepared in the name of respondent No. 1/claimant to be paid alongwith remaining compensation amount, however, it is submitted on behalf of appellant Reliance General Insurance Co. Ltd. that all due amount of compensation as granted by the M.V.A.C. Tribunal alongwith interest has been paid to the claimant as such the statutory amount of Rs. 25,000/- be

Patna High Court MA No.846 of 2012 dt.13-05-2019 2/2 refunded to the Insurance Company. The counsel for the claimant has not denied said contention made by counsel for the appellant, however, he has stated that interest on the amount of compensation from the date of filing of claim petition till its realization has not been fully made and calculation of the amount of interest was made till May 2013, however, cheque was handed over to claimant in March, 2014.

3. After hearing the parties, the order dated 22.04.2019 is modified to the extent that the statutory amount of Rs. 25,000/- deposited by the appellant, same be returned to the Insurance Company for which a cheque of Rs. 25,000/- to be prepared by the office in the name of appellant Insurance Company and handed over to its counsel. If the contention of the claimant is found to be true by the Insurance company, the claimant may be paid the remaining part of interest, if any, due to her.

4. The order dated 22.04.2019 is modified to the extent as indicated above.

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