RANCHI, India, June 18 -- Jharkhand High Court issued the following order on May 15:

I.A. No. 5070 of 2024

1. This I.A. seeks condonation of the delay of 39/46 days in instituting this Appeal.

2. Sufficient cause has been shown, and the delay is also not inordinate. Therefore, the delay is condoned, and this I.A. is disposed of. Miscellaneous Appeal No. 192 of 2024

3. Heard learned counsel for the parties.

4. With the consent of and at the request of learned counsel for the parties, the appeal is taken up for final disposal.

5. This appeal is directed against the judgment and Award dated 23.12.2023 made by the Tribunal at Dhanbad in Motor Accident Claim Case No. 253 of 2016, awarding the respondent-claimants compensation of Rs. 50,18,794/- with interest @ 6 per cent per annum from the date of the claim petition till realisation (except for the period from 09.08.2019 to 14.06.2023).

6. Mr Alok Lal, the learned counsel for the appellant, firstly submitted that since this was a case of hit and run and the vehicle which hit the insured vehicle in which the deceased was travelling was never identified, no claim petition was maintainable under Section 166 of the M.V. Act. At the highest, a petition could have been filed under Section 161 of the M.V. Act before its amendment in 2022.

7. Mr Lal submitted that in this case, an F.I.R. was filed against the driver of the unknown vehicle that hit the insured vehicle. In such circumstances, no negligence could have been attributed to the driver of the insured vehicle so as to make the appellant-Insurance Company liable for payment of any compensation.

8. Mr Alok Lal further submitted that the driver of the insured vehicle did not hold a licence. Accordingly, the Tribunal could not have imposed any liability on the appellant-Insurance Company. Finally, Mr Lal submitted that the deceased was a government servant, i.e. a BCCL employee. Accordingly, any benefits he must have received were liable to be accounted for when determining the compensation amount. He submitted that the compensation awarded is excessive and warrants a significant reduction.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqCPWU9aHLcZANpAPeiuvF077qblIEpxElUpPXAC0%2FuO%2F&caseno=MA/192/2024&cCode=1&cino=JHHC010162722024&state_code=7&appFlag=)

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