Jharkhand High Court
Md. Jamal & Another vs Pradeep Kumar Sharma & Another on 7 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 656 of 2018
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Md. Jamal & Another .... ..... Appellants
Versus
Pradeep Kumar Sharma & Another .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Sudhir Kumar Sharma, Advocate.
For the Respondents :
........
04/07.04.2021.
Heard, learned counsel for the appellants, Mr. Sudhir Kumar
Sharma.
Learned counsel for the appellants has submitted that
claimants namely, (1) Md. Jamal, son of Abdul Rahman (father of
deceased) and (2) Kaniza Khatoon, wife of Md. Jamal (mother of
deceased) are appellants before this Court and they have preferred
this appeal for enhancement of the award dated 31.07.2018 passed
by learned District Judge-cum-Presiding Officer, Motor Vehicles
Accident Claims Tribunal, Hazaribag in Motor Accident Claim Case
No. 105 of 2015, whereby the claimants have been awarded
compensation to the tune of Rs. 38,97,102/- along with interest @
6% per annum from the date of settlement of issue till its payment
within 30 days from the date of order, failing which the interest rate
would be @ 9% per annum thereafter till the date of final realization.
Learned counsel for the appellants has submitted that Md.
Ashiq, son of the appellants has died in a road accident on
22.05.2015 by a truck bearing registration no. JH-12E-4522 at the
age of 23 years. He was a Contractor. The appellants / claimants
have claimed the income of the deceased to be Rs. 40,000/- per
month, but the learned Tribunal has considered the income of the
deceased on the basis of tax deduction at source slip to the tune of
Rs. 25,000/- approximately, as such, income has been computed on
the lower side.
Learned counsel for the appellants has further submitted that
under the conventional head, loss of consortium to the tune of Rs.
40,000/- has not been granted by the learned Tribunal contrary to the
judgment passed by the Apex Court in the case of National
Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in
(2017) 17 SCC 680 (paragraph-59.8.
Learned counsel for the appellants has further submitted that
interest ought to have been awarded from the date of filing of the
claim application @ 7.5 % in view of Section 171 of the Motor
Vehicles Act as no reason has been assigned by the learned Tribunal
attributed delay upon the appellants, as such, interest @ 7.5% may
be granted from the date of filing of the claim application.
Learned counsel for the appellants has further submitted that
since the liability has been fastened upon the National Insurance
Company Limited, as such, it would be proper to issue notice upon
the Insurance Company only.
In the meantime, learned counsel for the appellants has prayed
that he may be allowed to file supplementary affidavit along with
documents showing the income of the deceased in his income tax
return.
Prayer is allowed.
Under the aforesaid circumstances, appellants are directed to
serve two copies of memo of appeal along with impugned award
upon empanneled counsel for the National Insurance Company
Limited, Mr. Pratyush Kumar by tomorrow i.e. by 08.04.2021.
Put up this case on 20.04.2021.
Office is directed to reflect the name of learned counsel, Mr.
Pratyush Kumar on behalf of National Insurance Company Limited.
(Kailash Prasad Deo, J.)
Sunil/-
