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2026 DAILYLAW 13438 (JHR)

THE BRANCH MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD v. SAURAV SUCHIT KACHHAP

MA/212/2024 · 2026-05-15

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Judgment text

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Neutral Citation No. 2026:JHHC:15090 IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 212 of 2024 The Branch Manager, Bajaj Allianz General Insurance Company Ltd, office at Akshara Plot No. C-100, 2nd Floor, Behind Junction Mall, City Centre, Durgapuram, District Burdhwa (W.B.) having its previous office at 504, Mahabir Tower, Opp. Church Complex, Main Road, Ranchi-834 001, through its authorized signatory, Ms Rimpi Banerjee, daughter of Sri U.K. Banerjee, resident of Dangratoli, Near Lalpur Chowk, P.O. Lalpur, and P.S. Lalpur, District Ranchi, Jharkhand-834 001, having its Local office at Pranami Heights, 5th Floor, Circular Road, P.O.. Lalpur, P.S. Lalpur, District Ranchi-834 001. (Insurer of Truck Vehicle No. WB 41 B/4166) … … (Opposite Party No. 2)/Appellant Versus 1. Saurav Suchit Kachhap, son of Late Sanjay Kachhap; 2. Vidyawati Kachhap, wife of Late Sanjay Kachhap; 3. Nancy Kachhap, daughter of Late Sanjay Kachhap, No. 3 is minor and represented through her legal and lawful mother Smt Vidyawati Kachhap, wife of Late Sanjay Kachhap; All resident of Village Rani Chamcho, P.O. Tangar, P.S. Chamcho, District Ranchi-835214, At present residents of Village Semartoli, P.O.-Kanka, P.S. Kanka, District Ranchi, Jharkhand-834006 … … (Claimants/Applicants No.1 to 3)Respondents CORAM: HON’BLE THE CHIEF JUSTICE --------- For the Appellant: Mr Siddhartha Jyoti Roy, Advocate For the Respondents: Mr. Jyoti Prakash, Advocate Mr. Sushil Kumar, Advocate Mr. Atishay Shresth, Advocate --------- 06/Dated: 15.05.2026 1. Heard the learned counsel for the parties. 2. The learned counsel for the appellant states that the appellant has already deposited the awarded amount before the Tribunal and, therefore, the appeal could now be disposed of. Neutral Citation No. 2026:JHHC:15090 3. Upon perusal of the award, it is observed that compensation of only ₹40,000/- has been awarded under the head of "loss of consortium." In fact, in view of the law laid down in Magma General Insurance Co. Ltd. v. Nanu Ram, reported in (2018) 18 SCC 130, the amount of ₹40,000/- should have been awarded to each of the three claimants. 4. This means that the compensation amount must be enhanced by ₹80,000/- to ensure that the total award qualifies as "just compensation." 5. Accordingly, the appeal is disposed of by enhancing the compensation amount by a further ₹80,000/-, along with interest at the rate of 7.5% per annum from the date of the claim petition (01.06.2019) until the realization of the said amount. 6. The appellant shall deposit the enhanced compensation, along with interest, before the Tribunal within one month from today, after providing due intimation to the ld. counsel for the claimants. 7. The Tribunal is directed to disburse the amount already deposited, together with any interest accrued thereon, as well as the amount now directed to be deposited, to the claimants via electronic bank transfer. The claimants shall provide their identity and bank details to enable the Tribunal to effect the transfer. Under no circumstances shall the amounts be disbursed other than through established banking channels. Neutral Citation No. 2026:JHHC:15090 8. The ld. counsel for the appellant submitted that the statutory deposit of ₹25,000/- may be remitted to the Tribunal, and that the appellant shall pay the balance amount after adjusting the said deposit. 9. This submission is fair and proper. Accordingly, the Registry is directed to transmit the statutory deposit of ₹25,000/-, together with any interest accrued thereon, to the Motor Accident Claims Tribunal (MACT), Ranchi, as expeditiously as possible and, in any event, within 15 days from today. 10. The appeal is disposed of in the above terms, without any order for costs. (M.S. Sonak, C.J.) May 15, 2026 N.A.F.R. Manoj/Sharda/Cp.2 Uploaded on 15.05.2026