Jharkhand High Court
Sharda Devi & Others vs Arun Kumar Prasad & Another on 13 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 296 of 2018
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Sharda Devi & Others .... ..... Appellants
Versus
Arun Kumar Prasad & Another .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
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For the Appellants : Md. Zaid Ahmed, Advocate.
For the Respondents :
........
04/13.04.2021.
Heard, learned counsel for the appellants, Md. Zaid Ahmed.
Learned counsel for the appellants has submitted that the
claimants namely, (1) Sharda Devi, wife of Raj Kumar Verma, (2)
Raj Kumar Verma, son of Late Mohan Lal Verma, (3) Jyoti Kumari,
daughter of Raj Kumar Verma and (4) Abhimanyu Kumar Verma,
son of Raj Kumar Verma are the appellants before this Court and
they have preferred the instant appeal for enhancement of the award
dated 03.01.2018 passed by District Judge-III-cum-M.A.C.T.,
Jamshedpur in Motor Accident Claim Case No. 145/2016, whereby
claimants have been awarded compensation to the tune of Rs.
4,38,000/- along with interest @ 6% per annum from the date of
filing of the claim application till payment to be paid within 30 days
of the date of award and if the amount under Section 140 of the
Motor Vehicles Act has been paid to the claimants shall be deducted
from the awarded amount.
Learned counsel for the appellants has submitted that the
deceased Rabishankar Verma was aged about 28 years and he was
Gym Trainer. The claimants have claimed the income of the
deceased to be Rs. 13,000/- per month, which has been considered
by the learned Tribunal to be Rs. 4,000/- per month in absence of any
documentary evidence.
Learned counsel for the appellants has further submitted that
future prospect has not been granted and under the conventional
head, less amount has been paid, instead of Rs. 70,000/-, learned
Tribunal has only granted Rs. 30,000/- under the conventional head,
contrary to 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) and interest
has also been paid on the lower side i.e. @ 6% from the date of filing
of the claim application, which ought to have been @ 7.5% in view
of the judgment passed by the Apex Court passed in the case of
Dharampal and Sons Vs. U.P. State Road Transport Corporation
reported in 2008 (4) JCR 79 (SC).
Learned counsel for the appellants has further submitted that
there is delay of 30 days in preferring the appeal and for condonation
of same, I.A. No. 11364/2019 has been filed, as such, notice may be
issued upon the Insurance Company in both matters i.e. in main
memo of appeal as well as in the limitation matter.
Learned counsel, Mr. Ashutosh Anand, who normally appears
for the Shri Ram General Insurance Company Limited, has
submitted that he is ready to accept the notice on behalf of
respondent no. 2 i.e. Shri Ram General Insurance Company Limited.
Appellants are directed to serve two copies of memo of appeal
along with impugned judgment and limitation petition upon learned
counsel, Mr. Ashutosh Anand.
Let the appeal be listed in the monthly list of May, 2021.
Office is directed to reflect the name of Mr. Ashutosh Anand
as counsel for the respondent no. 2, Shri Ram General Insurance
Company Limited.
(Kailash Prasad Deo, J.)
Sunil/-
