Jharkhand High Court
Jhalwa Devi & Others vs National Insurance Company ... on 5 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 162 of 2018
........
Jhalwa Devi & Others .... ..... Appellants
Versus
National Insurance Company Limited & Others
.... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Arvind Kr. Lall, Advocate.
For the Respondents :
........
03/05.04.2021.
Learned counsel for the appellants, Mr. Arvind Kr. Lall has
submitted that instant appeal has been preferred against the award dated
30.06.2017 in Motor Vehicle Accident Claim Case No.08/2007 passed by
learned District Judge-II-cum- MACT, Bermo at Genughat, whereby the
appellants namely, (1) Jhalwa Devi (2) Prakash Mahto (3) Indu Kumari
and (4) Anjani Kumari (appellant nos.2 to 4 are minor as such they are
being represented through their mother and natural guardian i.e. Jhalwa
Devi, appellant no.1) have been awarded compensation to the tune of
Rs.6,49,600/- out of which Rs.50,000/- has already been paid by the
National Insurance Company Limited as ad-interim compensation, as
such, total amount of Rs.5,99,600/- along with interest @ 7% per annum
from the date of filing of this case till the date of realization of the
compensation amount.
Learned counsel for the appellants has submitted that deceased
Dilip Kumar Mahto was a mason and the claimants have claimed his
earning to be Rs.5,000/- per month, but the learned Tribunal without any
documentary evidence has considered the same to be Rs.3,000/- per month
contrary to the judgment passed by the Apex Court in the case of Chameli
Devi Vs. Jivrail Mian reported in 2019 (4) TAC 724 SC, where in absence
of documentary evidence for a carpenter, who lost his life in the year
2001, the Apex Court has considered the monthly income of the deceased
to be Rs.5,000/- per month as the carpenter may not get the work every
day.
Learned counsel for the appellants has thus submitted that the
mason is also not get work every day, but his income may be considered to
be Rs.5,000/- per month.
Learned counsel for the appellants has further submitted that future
prospect has not been granted in view of the judgment passed by the Apex
Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi
and Ors. reported in (2017) 16 SCC 680 paragraph-59.4.
Learned counsel for the appellants has further submitted that
interest has been granted @ 7% per annum instead of 7.5% per annum in
view of the judgment passed by the Hon'ble Apex Court in the case of
Dharampal and Sons Vs. U.P. State Road Transport Corporation
reported in 2008 (4) JCR 79 (SC).
Learned counsel for the appellants has further submitted that there
is delay of 144 days in preferring the appeal and for condonation of the
same, I.A. No.2673/2018 has been preferred, as such, notice may be
issued to the Insurance Company as Insurance Company has been saddled
with liability to indemnify the claimants.
Learned counsel for the appellants has further submitted that no
analogous appeal has been preferred by the Insurance Company to shift
the burden upon owner of the offending vehicle, as such, owner is not a
necessary party in the present appeal.
Under the aforesaid circumstances, learned counsel for the
appellants is directed to serve two copies of memo appeal, impugned
award, interlocutory application and other relevant documents to learned
counsel, Mr. Alok Lal, who normally appears on behalf of National
Insurance Company Ltd.
On the joint prayer of the parties, put up this case on 23.04.2021.
(Kailash Prasad Deo, J.)
Jay/-
