Samina Khatoon vs Chandra Bhusan Singh
2021 Latest Caselaw 1756 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   [Civil Miscellaneous Appellate Jurisdiction]
                          M.A. No. 29 of 2018
        1.Samina Khatoon
        2.Md. Parwej Alam
        3.Md. Tanwar Ansari
       4. Shams Tabrej                                 .... .. ...          Appellant(s)
                                     Versus
        1.Chandra Bhusan Singh
        2.Awdhesh Kumar Singh
        3.The National Insurance Company Limited
                                                                 .. ... ... Respondent(s)
                          ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :-Video Conferencing) .........

      For the Appellant(s)            :    Mr. V. K. Roy, Advocate.
      For the Resp.3                  :    Mr. Pratyush Kr, Advocate
                          ..........

08 / 09.04.2021. Heard, learned counsel for the parties.

Learned counsel for the appellants has submitted that the instant Misc. Appeal has been preferred for enhancement of the award on the ground that income has been wrongly considered by the learned Tribunal in absence of documentary evidence for which copies of appointment letter and salary slip are necessary to be brought on record.

Learned counsel for the appellant has further submitted that there is every likelihood of enhancement of the Award on the following grounds :-

(i) That the learned Tribunal has not considered the Future Prospect of the deceased (Anwar Ali) in view of the judgment passed by the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi, reported in (2017) 16 SCC 680 at Para 59.3;

(ii) That the learned Tribunal has not granted the amount of Rs.70,000/- under the Conventional head in view of the judgment passed by the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi, reported in (2017) 16 SCC 680 at Para 59.8 rather under the conventional head, the learned Tribunal has only granted amount of Rs.20,000/-;

(iii) That the learned Tribunal has granted interest at the lower side i.e. @6% per annum from the date of filing of the claim application till the date of indemnifying the award which ought to have been @7.5% per annum from the date of filing of the claim application till the date of indemnifying the award in view of Section 171 of the M.V. Act and also in view of the judgment passed by the Apex Court in the case of Dharmpal and Sons Vs. Up State Road Transport Corporation, reported in 2008(4) JCR 79 SC.

Under the aforesaid circumstances, the appellants/claimants are directed to file the supplementary affidavit annexing therewith the aforesaid original documents within one week after serving the copy of the same upon the learned counsel for the respondents including the Insurance Company.

Further Four weeks time is granted to the respondent-Insurance Company to verify the same from the issuing authority about the authenticity and geneuniness of the documents.

Put up this case in the monthly cause list of May, 2021 along with the interlocutory application.

(Kailash Prasad Deo, J.) Sandeep/