Asarun Khatoon vs The Divisional Manager
2021 Latest Caselaw 2836 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Civil Miscellaneous Appellate Jurisdiction)
                            M.A. No. 359 of 2018
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        Asarun Khatoon                                     ....... Appellant
                                  Versus

The Divisional Manager, The New India Assurance Co. Ltd. & Anr.

......Respondents ..........

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

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For the Appellant : Mr. Nikhil Ranjan, Advocate For the Respondent no.1 : Mr. Amresh Kumar, Advocate

06/Dated: 10/08/2021.

Heard, learned counsel for the parties.

Learned counsel for the appellant has submitted that claimant, Asarun Khatoon has preferred this appeal for enhancement of the award dated 08.08.2017 passed by learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi, in Motor Accident Claim Case No.249 of 2009 whereby the claimant has been awarded compensation to the tune of Rs.4,67,000/- out of which Rs.50,000/- has already been paid under Section 140 of the MV Act, as such, balance amount of Rs.4,17,000/- shall be payable to the claimant within a period of 30 days of the award along with interest @ 9% per annum from the date of admission of the claim application under Section 166 of the MV Act i.e. on 15.06.2015 till the date of realization.

Learned counsel for the appellant has submitted that future prospect of the deceased has not been considered, in view of judgment passed by the Apex Court in the case of National Insurance Company Ltd. vs, Pranay Sethi, reported in (2017) 16 SCC 680 (para 59.4) and less amount under conventional head has been granted, which is contrary to the judgment passed by the Apex Court in the case of Pranay Sethi (Supra) at para 59.8 and interest has been granted from the date of admission of the claim application and not from the date of institution of the claim application without assigning any reason.

Considering the same, two weeks time is granted to learned counsel for the respondent no.1 to file counter-affidavit. Put up this case on 25.08.2021.

(Kailash Prasad Deo, J.)

R.S.-