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2025 DAILYLAW 25836 (JHR)

The Branch Manager Future General India Insurance Co Ltd v. Mary Soreng And Anr

MA/538/2016 · 2025-08-19

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:24521 IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 538 of 2016 The Branch Manager, Future General India Insurance Co. Ltd. 2nd Floor, Neotia Tower, H.B. Road, P.O & P.S.-Lalpur, Dist.-Ranchi, through its Assistant Manager Legal Claims-Amar Kumar, S/o Ram Nandan Pandey, C/o Future Generali Insurance Co. Ltd., 3rd Floor, Chitrakoot Building 230A, A.J.C. Bose Road, Kolkata, P.O. Elgin Road, P.S.-Bhawanipore, Dist.-Kolkata .... …. Appellant Versus 1. Mary Soreng, W/o Late Victor Soreng, R/o Village-Kusumbera, P.O. & P.S.-T. Tatanagar, Dist.-Simdega 2. Anita Devi, W/o Raju Singh, R/o Village-Gargarbahar, P.O. & P.S.-T. Tatanagar, Dist.-Simdega .... .... Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Appellant : Mr. Ashutosh Anand, Advocate For the Respondents : Ms. Nidhi Singh, Advocate ----- Oral Order 12 / Dated : 19.08.2025 1. Insurance Company is in appeal against the judgment and award of compensation in MACC Case No. 27/2014 under Section 166 of M. V. Act for the death of Victor Soreng in a motor vehicle accident while he was travelling on a Tempo which dashed an ox and overturned resulting in fatal injury to the deceased. 2. The deceased was an ex-serviceman and the Tribunal awarded a compensation of Rs.6,54,184/- by taking into the account pension he was getting at the time of accident for assessment of his income. 3. It is argued by learned counsel for the appellant that there was no loss of income as even after the accident the claimant continued to receive the family pension. 4. Having considered the submissions advanced, I do not find any infirmity in the impugned order. The only ground that has been taken is that the deceased was getting pension and after his accident, his family also continued to receive the same. This cannot be a ground for denying the compensation to the deceased on account of motor vehicle accident claim case. 5. This Misc. Appeal stands dismissed. Pending I.A., if any, stands disposed of. The statutory amount, which was deposited before this Court at the time of filing of this appeal, shall be remitted to the Tribunal for disbursement to the claimants. (Gautam Kumar Choudhary, J.) AKT/Satayendra