M/S THE NEW INDIA ASSURANCE COMPANY LIMITED REPRESENTED THROUGH DIVISIONAL MANAGER v. KIRAN KUMARI
C.M.P./257/2025 · 2025-03-21
Sanjay Kumar Dwivedi
Transfer Petitionbody2025
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[ 2025 DAILYLAW 7873 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 7873 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
--1-- C.M.P. No. 257 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
C.M.P. No. 257 of 2025
---- M/s The New India Assurance Company Limited, represented through Divisional Manager Sheela Sadan, City Center, Sector – 4, Bokaro Steel City, through Deputy Manager, Office at Psethi Corporate, 2nd Floor, P.P. Compound, Main Road, Ranchi, PO – GPO, PS – Hindpiri, District – Ranchi, Jharkhand
.... Petitioner -- Versus --
1. Kiran Kumari, aged about 21 years, daughter of Late Rajendra Yadav
2. Raj Lalit Yadav, aged about 14 years, son of Late Rajendra Yadav, Minor represented through Legal Guardian Sister – Kiran Kumari, both resident of Section 2A, Qr. No.1-062, PO and PS – B.S. City, District – Bokaro, Jharkhand
3. Pooja Yadav, daughter of Late Rajendra Yadav, wife of Pramod Yadav, resident of Kailawar, PO and PS – Mahuari, District – Chandauli (Uttar Pradesh) at present R/o Section 11/C, Qr. No.1448, PO and PS – Harla, District – Bokaro
4. Nidhi Yadav, daughter of Late Rajendra Yadav, wife of Jitendra Yadav, resident of Mahagaon, PO and PS – Papou, District – Chandauli, Uttar Pradesh
5. Anuradha Sinha, wife of Suraj Kant, resident of Block No.2G, Raj Apartment, PO and PS – Bariatu, District – Ranchi, At present residing C/o Pradeep Kumar, Saketpuri, Sadanand Road, PO and PS – Hazaribag, District – Hazaribag, Jharkhand (Owner of the vehicle Bus Reg. No. JH-02Z-4748) .... Defendant No.1/ Respondent
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Amaresh Kumar, Advocate
For the Respondents :- Mr. Nikhil Ranjan, Advocate
---- 02/21.03.2025 This C.M.P. has been filed for modification of the judgment dated 12.02.2025 passed in M.A. No.13 of 2023.
2.
Learned counsel appearing for the petitioner submits that in paragraph No.14, the direction has been issued that the statutory
--2-- C.M.P. No. 257 of 2025
amount deposited by the insurance company shall be remitted back to the learned Court which will be utilized in satisfying the award in favour of the claimants.
3. He submits that the award has already been satisfied by order dated 14.09.2023 by a co-ordinate Bench of this Court. He submits that the award has already been deposited before the learned Court with interest and in view of that the statutory amount is required to be returned back to the insurance company namely New India Assurance Company Limited.
4. Mr. Nikhil Ranjan, learned counsel appearing for the claimants accepts the submission that the amount has been deposited before the learned Court along with the interest.
5. In view of the above, the Court finds that statutory amount is in surplus and is not required for satisfying the award and the same shall be returned back to the insurance company by the learned Court and the
judgment dated 12.02.2025 is modified to the above extent.
6. This C.M.P. is allowed in above terms and disposed of.
(Sanjay Kumar Dwivedi, J.) Sangam/