Jharkhand High Court
The Divisional Manager vs Karun Kumar @ Karun Kumar Ram & ... on 4 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 288 of 2018
........
The Divisional Manager, The New India
Assurance Company Limited .... ..... Appellant
Versus
Karun Kumar @ Karun Kumar Ram & Others.... ..... Respondents
With
M.A. No. 596 of 2018
........
Karun Kumar @ Karun Kumar Ram & Others.... ..... Appellants
Versus
The Divisional Manager, The New India
Assurance Company Limited .... ..... Respondent
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant (s) : Mr. D.C. Ghosh, Advocate
(In M.A. No.288/18)
Mr. Nikhil Ranjan, Advocate
(In M.A. No.596/18)
For the Respondents : Mr. Nikhil Ranjan, Advocate
(In M.A. No.288/18)
........
05/04.08.2021.
Heard, learned counsel appearing for the appellant, Mr. D.C. Ghosh
in M.A. No.288 of 2018.
Appellant - the New India Assurance Company Limited has
preferred this appeal against the award dated 08.02.2018 passed by
learned Presiding Officer, Motor Vehicle Accident Claims Tribunal,
Ranchi in Motor Accident Claim Case No.137 of 2011, whereby claimants
namely, (I) Karun Kumar @ Karun Kumar Ram, S/o Late Khedan Ram,
(ii) Kamal Kumar Ram, S/o Late Khedan Ram, (iii) Sonelal Ram, S/o Late
Khedan Ram and (iv) Arvind Kumar Ram, S/o Late Khedan Ram, have
been awarded compensation to the tune of Rs.3,04,000/-, after deducting
Rs.50,000/-, which has already been paid to the claimants under Section
140 of M.V. Act, along with the interest @ 12% per annum from the date
of award till the date of realization to be paid within 30 days and interest
has been awarded from the date of award because of laches on the part of
the applicants / claimants.
Learned counsel for the appellant-Insurance Company has
submitted that from perusal of the impugned award, at internal page-2 & 3
running page-9 & 10 of the brief, it appears that the said accident took
place on 29.01.2011 by Bolero Jeep bearing registration No. JH-01Z-4104
which dashed against the Dumper Vehicle bearing registration No. JH-
02L-1954 and the case was instituted on 30.01.2011 vide Tatisilwai P.S.
Case No. 09 of 2011 under Sections 279, 337, 338, 304-A and 427 of IPC
against the driver of the offending vehicle Bolero bearing registration No.
JH-01Z-4104 and the final report was submitted on 22.03.2011 vide final
report No. 19/11 for the offence under Sections 279, 337, 338 & 304A of
the I.P.C.
Learned counsel for the appellant-Insurance Company has further
submitted that there is some confusion with regard to Motor Accident
Claim Case No.33 of 2011 passed by the Motor Accident Claims Tribunal,
Simdega, wherein the learned Tribunal has held that the insurance
company is not liable to pay compensation as being the vehicle was used
for commercial purpose.
Learned counsel for the appellant-Insurance Company has further
submitted that there is delay of 02 days in preferring the appeal and for
condonation of the same, I.A. No.2152 of 2020 has been preferred.
Learned counsel appearing for the claimants/appellants, Mr. Nikhil
Ranjan, in M.A. No. 596 of 2018 has submitted that the learned Tribunal
has not considered the income of the deceased in view of the evidence
brought on record as the deceased was doing business of manufacturing
shoes and was earning Rs. 6,000/- per month, but the learned Tribunal has
considered the income of the deceased as Rs.3,000/-, though the deceased
was aged about 19 years and lost his life on 29.01.2011. However, the
Hon'ble Apex Court in the case of Chameli Devi Vs. Jivrail Mian reported
in 2019 (4) TAC 724 SC, has considered the income of a carpenter, who
lost his life in motor accident on 02.01.2001 to the tune of Rs.5,000/- per
month in absence of documentary evidence, as such, for the occurrence,
which took place on 29.01.2011, the income of the deceased cannot be less
than 6,000/- per month.
Learned counsel appearing for the claimants/appellants has further
submitted that future prospect of the deceased has not been granted by the
learned Tribunal in view of the judgment passed by Apex Court in the case
of National Insurance Company Ltd. Vs. Pranay Sethi and Ors.
reported in (2017) 16 SCC 680 (Para-59.4). Apart from that
compensation amount under the heading of "Loss of consortium" of
Rs.40,000/- has also not been paid to the claimants, in view of the
judgment passed by the Hon'ble Apex Court in the case of Pranay Sethi
(Supra) (Para-59.8).
Learned counsel for the appellants / claimants in MA. No.596 of
2018 has further submitted that there is delay of 142 days in preferring the
appeal and for condonation of the same, I.A. No. 987/2020 has been
preferred.
After hearing the learned counsel for the parties, since there are
appeals against the common judgment preferred by Insurance Company as
well as by the Claimants and no counter affidavit has been filed with
regard to limitation matter in both the appeals, as such, the delay in both
the appeals are hereby condoned.
I.A. No.2152 of 2020 in MA. No.288/2018) & I.A. No.987 of 2020
in M.A. No.596 of 2018 are allowed.
Let a report be called for from Motor Accident Claims Tribunal,
Simdega with respect to Motor Accident Claim Case No. 33 of 2011. The
Tribunal shall also send a copy of the judgment along with report within a
period of one week.
Put up these appeals on 11.08.2021.
Let a copy of the order be communicated through FAX by
tomorrow.
(Kailash Prasad Deo, J.)
S.K/Tarun
