Jharkhand High Court
M/S New India Assurance Company ... vs Lalita Devi & Others on 12 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 333 of 2018
........
M/s New India Assurance Company Limited
.... ..... Appellant
Versus
Lalita Devi & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Manish Kumar, Advocate.
For the Respondent :
........
05/12.04.2021.
Heard, learned counsel for the appellant, Mr. Manish Kumar.
The New India Assurance Company Limited has preferred this
appeal against the award dated 27.01.2018 passed by learned District
Judge -XIV-cum-Motor Accident Claims Tribunal, Dhanbad in
Motor Accident Claim Case No.70/2015.
Learned counsel for the appellant has submitted that Insurance
Company has preferred this appeal on the grounds that the income of
the deceased, has been considered by the learned Tribunal to be tune
of Rs.8,000/- per month without any documentary evidence. The
claimants have claimed the income of the deceased to be Rs.10,000/-
per month by working as a mason with contractor Sadanand Rai
which is excessively high on the ground that Sadanand Rai the
contractor has not been examined nor any documentary proof has
been brought on record.
Learned counsel for the appellant has further submitted that in
the case of carpenter, who lost his life in the year 2001, in absence of
documentary evidence, the Apex Court has considered his income to
be Rs.5,000/- per month in the case of Chameli Devi & Others Vs.
Jivrail Mian & Others reported in 2019 (4) TAC 724 (SC).
Learned counsel for the appellant has submitted that even if
the judgment is followed, which is of the year 2001 and the present
accident is of the year 2015, the rationale behind considering income
as Rs.8,000/- in absence any documentary evidence by the learned
Tribunal is not appropriate.
Learned counsel for the appellant has further submitted that
even the Government notification issued regarding the wages of a
highly skilled labourer is also not coming to be tune of Rs.8,000/-
per month, as such, notice may be issued to the claimants namely, (1)
Lalita Devi, wife of Late Ram Lal Rai, (2) Rajesh Rai, son of Late
Ram Lal Rai, (3) Suresh Rai, son of Late Ram Lal Rai, (4) Subhash
Rai, son of Late Ram Lal Rai, (5) Kiran Kumari, daughter of Late
Ram Lal Rai (Subhash Rai and Kiran Kumari are minors and
represented by their mother and natural guardian).
Learned counsel for the appellant has further submitted that
with respect to the verification of the driving licence, the evidence
has been brought by the Insurance Company by examining the
investigator, but since the said page of the register has been torn and
as such, Insurance Company has not taken this plea against the
owner.
Learned counsel for the appellant has submitted that the appeal
has been filed within time, however, I.A. No.4842/2018 has been
preferred under Section 5 of the Limitation Act.
Accordingly, I.A. No.4842/2018 is hereby closed as the same
is infructuous.
Considering the above submissions, let notice be issued to the
claimants as stated above, under both process i.e under registered
cover with A/D as well as ordinary process, for which requisites etc.
must be filed within a period of two weeks.
In the meantime, appellant - Insurance Company is directed to
deposit Rs.8,00,000/- along with interest @ 7.5% per annum before
the learned Tribunal from the date of filing of claim application
within a period of 60 days from today. The same shall be disbursed
to the claimants after due verification and after taking an affidavit
that they have already put their appearance in M.A. No.333/2018.
(Kailash Prasad Deo, J.)
Sunil/-
