Jharkhand High Court
Niyati Devi vs Sri Bijay Prasad on 12 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 278 of 2018
1.Niyati Devi
2.Gudiya Devi
3.Rina Kumari
4.Raju Kumar
5.Uttam Kumar
6.Ruby Kumari .... .. ... Appellant(s)
Versus
1.Sri Bijay Prasad
2.M/s Oriental Insurance Company Limited, Dhanbad.
.. ... ... 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) :
..........
04 / 12.04.2021. Heard, Mr. Rajiv Kr. Karn, learned counsel appearing on the instruction
of learned counsel for the claimants/appellants, Mr. M. B. Lal.
The appellants are the claimants [1.Niyati Devi, 2. Gudiya Devi, 3..Rina
Kumari, 4.Raju Kumar, 5.Uttam Kumar and 6.Ruby Kumari] before this Court and
they have preferred this Misc. Appeal for enhancement of the award dated
18.09.2017 passed by learned District Judge-VIII-cum- MACT, Dhanbad in Title
(M.V.) Claim Case No.313 of 2014 whereby the Oriental Insurance Company
Limited has been fastened with the liability to pay compensation to the tune of
Rs.5,30,000/- along with simple interest @6% per annum from the date of filing of
the claim application i.e. 03.11.2014 till the date of indemnifying the award with
liberty to the Oriental Insurance Company to recover the same from owner of the
offending v ehicle i.e. Sri Bijay Prasad.
Learned counsel for the appellants has submitted that income of the deceased
who was manufacturer of hand made shoes and chappals at main bazar, Lodna by
the side of road, was earning Rs.12,000/- per month, but in absence of any
documentary evidence, the learned Tribunal has considered the same to be RS.4500/-
per month.
Learned counsel for the appellants has further submitted that in view of the
judgment passed by the Apex Court in the case of Chameli Devi vs. Jivrail Mian,
reported in 2019 (4) TAC 724 SC, wherein the Apex Court has considered the
income of a carpenter in absence of any documentary evidence for an occurrence of
the year, 2001 to be Rs.5,000/- per month, as such, this Court may also consider the
income of the deceased who list his life on 13.01.2012 to be Rs.12,000/- per month.
Learned counsel for the appellants has further submitted that Future Prospect
of the deceased has not been considered by the learned Tribunal. Further the amount
of Rs.70,000/- under the conventional head has not been paid to the claimants 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.
Learned counsel for the appellants has further submitted that interest has also
been awarded on the lower side which ought to have been @7.5% per annum 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.
Learned counsel for the appellants has further submitted that there is delay of
107 days in preferring the instant Misc. Appeal and for condonation of the same, I.A.
No.5943 of 2018 has been preferred by the claimants.
It appears that M/s Oriental Insurance Company Limited has been saddled
with the liability and to recover the same from the owner of the offending vehicle.
Considering the same, let notice be issued to the owner of the offending
vehicle/respondent No.1 [Sri Bjay Prasad, S/o Sri Ganesh Prasad, House No.155,
Sabji Bagan, Jharia, P.O + P.S. Jharia, District, Dhanbad, owner of Tempo
No.JH-10A 2342] under both process i.e. Registered Cover with A/D and Ordinary
Post for which, requisites etc., must be filed within two weeks.
Further, this Court directs the appellants to serve two copies of the memo of
appeal and impugned award as well as interlocutory application and other documents
to learned counsel, Mr. Manish Kumar, who generally appears for the M/s Oriental
Insurance Company Limited by tomorrow.
Put up this case in the monthly cause list of May, 2021.
Let name of Mr. Manish Kumar, learned counsel for the respondent/M/s
Oriental Insurance Company Limited appear in the Cause List.
\ (Kailash Prasad Deo, J.)
Sandeep/
