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2025 DAILYLAW 27563 (JHR)

SEEMA DUBEY ALIAS SEEMA DEVI v. M/S ORIENTAL INSURANCE COMPANY LIMITED THROUGH ITS MANOJ KUMAR SINGH

WPC/5859/2023 · 2025-01-27

Rajesh Shankar

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.5859 of 2023 ----- 1. Seema Dubey @ Seema Devi, W/o Late Deepak Kumar Dubey 2. Lovely Kumari @ Nilam Ojha, D/o Deepak Kumar Dubey, W/o Awadhesh Kumar Ojha 3. Bablu Kumar @ Sidharth Shankar Dubey, S/o Deepak Kumar Dubey 4. Guriya Kumari @ Supriya Kumari, D/o Deepak Kumar Dubey 5. Kajal Kumari @ Sapna Kumari Dubey, D/o Deepak Kumar Dubey All are R/o Village-Kanta Pahari Basti, Angarpathara, P.O. & P.S.-Katras, District-Dhanbad. .......... Petitioners. -Versus- 1. M/s Oriental Insurance Company Limited, having its Branch at Ved Narayan Bhawan, Kutchery Road, Ranchi, through Manoj Kumar Singh, S/o B.B. Singh, In-charge, Legal Cell, O.I.C. Ltd., at Kutchery Road, D.O.-I, P.O. & P.S.-Ranchi, District-Ranchi. 2. M/s Varhi Coal Carriers Pvt. Ltd., through its Director/Chairman, Rani Bazar, P.O. & P.S.-Katrasgarh, District-Dhanbad. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Lakhan Chandra Roy, Advocate For the State : Mr. Alok Lal, Advocate ----- Order No.06 Date: 27.01.2025 1. The present writ petition has been filed for issuance of direction upon the respondents particularly respondent no.1 to pay compensation amount of Rs.2,29,000/- to the petitioners as awarded vide order dated 7th May, 2007 passed by the Permanent Lok Adalat, Dhanbad in P.L. Case No.702 of 2003 along with interest at the rate of 10% per annum from the date of filing of the compensation claim application till the actual date of payment. 2. Reference may be made to the order dated 13th January, 2025, which reads as under: “Mr. Alok Lal, learned counsel for the respondent no. 1 – M/s Oriental Insurance Company Limited, Ranchi, prays for a short adjournment to ascertain the fact as to whether admissible amount in terms with award dated 07.05.2007 passed by Permanent Lok Adalat, Dhanbad in P.L. Case No. 702/2003 has been paid to the petitioners. Considering the said prayer, put up this case under the same heading on 27.01.2025.” 3. Mr. Alok Lal, learned counsel appearing on behalf of the respondent no.1 has brought a cheque of Rs.4,61,578/- bearing no.059432, dated 22nd January, 2025 of Axis Bank Ltd. drawn in favour of the petitioner no.1 (mother of the petitioner nos.2 to 5) and has handed over the same to Mr. Lakhan Chandra Roy, learned counsel for the petitioners in the Court itself. He submits that the updated interest amount over the principal amount in terms with the award dated 7th May, 2007 is also the part of the cheque amount which is being paid to learned counsel for the petitioner no.1. 4. Learned counsel for the petitioners accepts the said cheque on behalf of the petitioners. He, however, submits that since the payment of awarded amount is being made by the respondent no.1 quite belatedly, he has no idea as to whether the said amount being paid to the petitioner no.1 also carries the interest amount over the amount -2- W.P. (C) No.5859 of 2023 awarded as per the award dated 7th May, 2007 passed by the Permanent Lok Adalat, Dhanbad in P.L. Case No.702 of 2003. 5. Having heard learned counsel for the parties and considering that the respondent no.1 has now paid the awarded amount with interest to the petitioners pursuant to the award dated 7th May, 2007 passed by the Permanent Lok Adalat, Dhanbad in P.L. Case No.702 of 2003, this Court does not intend to proceed further in the present matter. 6. The writ petition is, accordingly, disposed of. 7. The respondent no.1 shall, however, provide the details of the amount including the interest to the petitioners within one week from today. (Rajesh Shankar, J.) Vikas/ -3- W.P. (C) No.5859 of 2023