Jharkhand High Court
Gayatri Devi vs Hare Ram Singh & Ors on 6 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 226 of 2018
1.Gayatri Devi
2.Niwas Kumar .... .. ... Appellant(s)
Versus
Hare Ram Singh & Ors. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. Rajiv Kr. Karn, Advocate.
For the Respondent(s) :
..........
03 / 06.04.2021. Heard, learned counsel, Mr. Rajiv Kr. Karn on the instruction of learned
counsel for the appellants, Mr. M. B. Lal.
Learned counsel for the appellants has submitted that claimants, 1.Gayatri
Devi and 2.Niwas Kumar have been awarded compensation to the tune of
Rs.3,56,000/- along with interest @7% per annum from the date of filing of the claim
application i.e. 11.12.2013 till the realization of the same from the defendant No.3-
M/s National Insurance Co. Ltd. to be paid within 60 days from the date of the order,
failing which, the claimants will be at liberty to realize the same through the process
of the court and the interest shall be calculated @9% per annum after expiry of 60
days.
Learned counsel for the appellants has further submitted that the instant Misc.
Appeal has been preferred by claimants, 1.Gayatri Devi and 2.Niwas Kumar, but
daughters of the deceased (Basuki Prasad Burnwal) have been made as proforma
respondents for enhancement of the Award dated 22.06.2017 passed by learned
District Judge-III-cum- MACT, Dhanbad in Title (M.V.) Suit No.292 of 2013 on the
ground that income of the deceased has been considered on the lower side to the tune
of Rs.3,000/- per month against the claim of Rs.15,000/- per month from running a
business of shoes and slippers which was closed after death of the deceased.
Learned counsel for the appellants has further submitted that Future Prospect
of the deceased has not been considered by the learned Tribunal in view of the
judgment of the Apex Court in the case of National Insurance Company Ltd. vs.
Pranay Sethi, reported in (2017) 16 SCC 680 at Paras 59.4.
Learned counsel for the appellants has further submitted that under the
conventional head, amount of Rs.70,000/- ought to have been granted by the learned
Tribunal instead of Rs.20,000/- in view of the judgment of Apex Court in the case of
Pranay Sethi (supra) at Para 59.8.
Learned counsel for the appellants has further submitted that the interest has
been awarded on the lower side @7% per annum which ought to have been @7.5%
per annum from the date of filing of the claim application till its realization.
Learned counsel for the appellants has further submitted that there is delay of
215 days in preferring the instant Misc. Appeal and for condonation of the same, I.A.
No.5455 of 2018 has been preferred before this Hon'ble Court.
Considering the same, learned counsel for the appellants is directed to serve
two copies of memo of appeal, impugned judgment alongwith all relevant documents
including the interlocutory application at the earliest upon the counsel for the
respondent No.3, Mr. Amresh Kumar who normally appears for the National
Insurance Company Ltd.
Put up this case on 26.04.2021.
(Kailash Prasad Deo, J.)
Sandeep/
