MAHESH PRASAD SINHA Vs. GAJENDRA KUMAR DAS

JUDGEMENT

(1.) Heard, learned counsel, Mr. Rajiv Kumar Karn on the instruction of learned counsel for the appellants, Mr. M.B. Lal.

(2.) Learned counsel for the appellants has submitted that claimants namely, 1.Mahesh Prasad Sinha, 2.Jitu Kumar Sinha and 3.Pankaj Kumar Sinha have preferred this instant Miscellaneous Appeal for enhancement of the award dated 27.01.2018, passed by learned District Judge-VII- cum- M.A.C.T. Judge, Dhanbad in Motor Accident Claims Cases No.56 of 2016, whereby the claimants have been awarded compensation to the tune of Rs.4,30,000/- [after deducting ad-interim compensation, if already paid] along with simple interest @ 6% per annum from the date of filing of the claim application i.e. 20.02.2016. The compensation amount must be paid by defendant no.2 M/S Bajaj Allianz General Insurance Limited within 60 days of passing this award failing which penal interest @ 9% per annum shall be levied after the expiry of aforesaid period of 60 days till its realization.

(3.) Learned counsel for the appellants has further submitted that respondent No.2-Bajaj Allianz General Insurance Co. Ltd. has appeared through his learned counsels, Mr. Alok Lal and Mr. Santosh Kumar though no analogous appeal or cross-objection has been preferred by the Insurance Company, as such, keeping the matter pending for appearance of respondent no.1 [(Gajendra Kumar Das), owner of the motorcycle bearing registration no.JH-10AD-9722] is not proper and the instant appeal may be disposed of, in absence of the owner of the vehicle as the vehicle is duly insured and the Insurance Company has not preferred any appeal or cross-objection against the impugned award.