2025:JHHC:36084 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Misc. Appeal No.95 of 2022 ------ Arun Kumar Budhia, son of Late Jagmohan Prasad Budhia, resident of Budhia Bagan, 3rd Street, Hindpirhi, P.S. Hindpirhi, P.O. Ranchi, District Ranchi .... .... …. Appellant Versus 1. Jashita Devi, wife of Late Mankishore Oraon 2. Sunil Oraon, son of Late Mankishore Oraon 3. Sujeet Oraon, son of Late Mankishore Oraon 4. Shchit Oraon, son of Late Mankishore Oraon All residents of village Balgaon, P.O., P.S. and District Gumla, at present resident of village Karaundi, P.O., P.S. and District Gumla .... .... .... Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellant : Mr. Arvind Kumar Lall, Advocate Ms. D. Arati Kumari, Advocate For the Respondent Nos.1-5 : None For the Respondent No.6 : Mr. Manish Kumar, Advocate ------ Order No.10 / Dated : 02.12.2025 The owner of vehicle is in appeal against the award of compensation of Rs.94,000/- under Section 147 of the Motor Vehicle Act passed in MACC Case No.30 of 2013 by learned District & Additional Sessions Judge V-cum-MVCT, Gumla for the damage to the property of third party/claimant in a motor vehicle accident caused by bus bearing registration no. JH 01X 2413 on 08.01.2013. 2. As per the case of the claimants, the said bus dashed and damaged the house situated near NH 78 for which the claim was preferred before the Tribunal. The learned Tribunal allowed the claim of Rupees One Lakh however, held that Insurance Company will be liable to pay compensation of Rs.6000/-, whereas Rs.94,000/- was to be paid by the appellant/owner of the vehicle. 3. It is argued by the learned counsel on behalf of the appellant that the learned Tribunal misdirected itself while applying Section 147 of the M.V. Act which provides that where premium for house damage is not paid, the liability of Insurance Company is limited to Rs.6000/-. Here, in the 2025:JHHC:36084 2 present case, it is contended that the premium was paid which will be evident from Exhibit B for a liability of Rs.7,50,000/-. 4. Learned counsel on behalf of the Insurance Company has not disputed the factual assertions with regard to the insurance policy. 5. Having considered the submission advanced, I find that learned Tribunal has failed to consider that since the premium amount had been paid vide Exhibit B, therefore, liability of the Insurance Company extended to pay the full compensation amount and could not have been confined to Rs.6000/-. The impugned order is set aside and the Insurance Company shall be liable to pay the entire compensation amount to the claimants. Miscellaneous Appeal is accordingly, allowed. Interlocutory Application, if any, is disposed of. Statutory amount be refunded to the appellant. (Gautam Kumar Choudhary, J.) Anit Uploaded 04.12.2025