Sushma Devi & Others vs The Branch Manager
2021 Latest Caselaw 1762 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            (Civil Miscellaneous Appellate Jurisdiction)
                   M.A. No. 269 of 2018
                          ........

Sushma Devi & Others .... ..... Appellants Versus The Branch Manager, National Insurance Co. Ltd. & Another .... ..... Respondents

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

For the Appellants : Mr. Nikhil Ranjan, Advocate.

For the Respondents          :
                                       ........
04/09.04.2021.

Learned counsel for the appellants, Mr. Nikhil Ranjan has submitted that the claimants are the appellants before this Court and they have preferred the instant appeal for enhancement of the award dated 24.07.2017 passed by Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No. 58/2011.

Learned counsel for the appellants has submitted that there is delay of 192 days in preferring the appeal, though no analogous matter has been preferred by the Insurance Company against the said award.

Learned counsel for the appellants has submitted that instant appeal has been filed for enhancement of the award on the ground that the learned Tribunal has not followed the judgment passed by the Apex Court passed in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in (2017) 16 SCC 680 (Para-59.4 & Para-59.8) as future prospect to the tune 40% has not been granted by the learned Tribunal, under the conventional head only Rs. 45,000/- has been paid, which ought to have been granted to the tune of Rs. 70,000/- and interest has been granted @ 9% from the date of admission and not from the filing of the claim application in view of Section 171 of the Motor Vehicles Act.

Put up this case in the month of May, 2021.

(Kailash Prasad Deo, J.) Sunil/-