JHARKHAND HIGH COURT ISSUES ORDER ON BRANCH MANAGER, ORIENTAL INSURANCE CO. V/S DEEP MALA DEVI AND ORS.

RANCHI, India, March 25 -- Jharkhand High Court issued the following order on Feb. 20:

1. Heard learned counsel for the parties.

2. This I.A. seeks condonation of delay of 110 days in instituting this Miscellaneous Appeal. We have perused the averments in the I.A. and we are satisfied that this delay has been sufficiently explained.

3. Accordingly, we condone the delay and disposed of this I.A. Miscellaneous Appeal No. 572 of 2019

4. At the request of and with the consent of the learned counsel for the parties, this appeal is taken up for final disposal.

5. The learned counsel for the appellant hands in D.D. of Rs. 27,01,035/- drawn in favour of Registrar General, Jharkhand High Court, Ranchi vide D.D. No. 489288 of Axis Bank Ltd., which was to be a precondition for any grant of any interim relief. This demand draft is accepted by the Court Master, who shall now hand it over to the Registry.

6. Mr. Alok Lal, learned counsel for the appellant-Insurance Company submits that in respect of the accident of 14.07.2011, the son of the deceased filed an F.I.R. in which he alleged that his adoptive father was sitting on the roof of the offending bus and on account of sudden braking, was thrown of the roof and suffered fatal injuries. However, during the evidence, this specific stance was altered and this widow, the adopted son and some other witnesses deposed to the deceased sitting inside the bus and being thrown out of the bus due to the sudden braking. These witnesses alleged that the deceased was thrown out of the driver side door and this stance amounts to a complete U-turn, which ought not to be believed.

7. Mr. Alok Lal referred to the Hon'ble Supreme Court's order in Branch Manager, National Insurance Company Limited Vs. Giriraj Prasad Agrawal and others, Civil Appeal No. 2421 of 2008 against the Full Bench decision of this Court in Giriraj Prasad Agrawal Vs. Parwati Devi and others, (2005) SCC OnLine Jhar 199.

8. Mr. Alok Lal submitted that the decision of the Hon'ble Supreme Court has been followed by the Coordinate Bench in its order dated 29.01.2025 disposing of Misc. Appeal No. 307 of 2008 and connected matters.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WgSOtDHfps7E0ST7ieaQGE%2FBlFFUXcP3sdFT8RbO0g3T&caseno=MA/572/2019&cCode=1&cino=JHHC010377562019&state_code=7&appFlag=)

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