Ram Barno Devi & Anr vs The Branch Manager
2021 Latest Caselaw 2837 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 (Civil Miscellaneous Appellate Jurisdiction)
                         M.A. No. 304 of 2018
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      Ram Barno Devi & Anr.                             ....... Appellants
                               Versus

The Branch Manager, The New India Assurance Co. Ltd. & Ors.

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

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

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      For the Appellants       : Mr. Pankaj Kumar Choudhary, Advocate
      For the Respondents      :

04/Dated: 10/08/2021.

Heard, learned counsel for the appellants, Mr. Pankaj Kumar Choudhary.

Learned counsel for the appellants, Mr. Pankaj umar Choudhary has submitted that the appellants/claimants namely, 1.Ram Barno Devi and 2. Bindeshwari Pd. Sah have preferred this appeal for enhancement of the award dated 29.11.2017, passed by learned District Judge-1st-cum- M.A.C.T., Godda in Motor Accident Claim Case No.27 of 2013 whereby the claimants have been awarded compensation to the tune of Rs.2,19,000/-, out of which Rs.25,000/- under Section 140 of the MV Act has already been indemnified to the claimants and thus balance amount to the tune of Rs.1,94,000/- along with interest @ 6% per annum from the date of filing of the claim application till the date of payment within one month, failing which the interest shall be charged @ 9% per annum. Learned counsel for the appellants has further submitted that learned Tribunal has wrongly considered the income of the deceased as against the claim of Rs.4,000/- per month, the learned Tribunal has considered the income of the deceased to be Rs.15,000/- per annum instead of Rs.4,000/- per month.

Learned counsel for the appellants has further submitted that under the conventional head instead of Rs.70,000/- only Rs.30,000/- has been granted contrary to the judgment passed by the Apex Court in the case of National Insurance Company Ltd. vs, Pranay Sethi, reported in (2017) 16 SCC 680 at Para 59.8.

Learned counsel for the appellants has further submitted that interest

has been awarded @ 6% per annum, which ought to have been 7.5% in view of the judgment passed by the Apex Court in the case of Dharampal & Sons Vs. U.P. State Road Transport Corporation, reported in (2008) 4 JCR 79 SC = (2008) 12 SCC 208.

Learned counsel, Mr. Manish Kumar appearing on behalf of the New India Assurance Co. Ltd. has submitted that right of recovery has been granted in favour of the Insurance Company after indemnifying the compensation amount to the claimants and recover the same from the owner of the vehicle, which would be apparent from the impugned award itself, as such, if compensation is to be enhanced the owner is a necessary party.

Considering the same, let notice be issued both in memo of appeal as well as in limitation to respondent no.2- Sri Satya Narain Singh, S/o Yamuna Pd. Singh, R/o Village- Kashdih, P.O. + P.S.- Antichak Kahalgaon, District- Bhagalpur (Owner of the offending vehicle bearing No.BR-08-9944) under both process, i.e. under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within a period of one week.

Ordinary process shall be served through the Civil Court, Bhagalpur after verifying the present and correct address of the owner of the offending vehicle bearing No.BR-08-9944 from the concerned District Transport Officer.

The learned Registrar General of High Court of Judicature at Patna is directed to comply this order.

Put up this case after service of notice.

Office is directed to reflect the name of learned counsel, Mr. Manish Kumar in place of learned counsel for the respondent, Mr. Prabhat Kumar Sinha.

Let a copy of this order be communicated through FAX to the learned Registrar General of High Court of Judicature at Patna at once.

(Kailash Prasad Deo, J.)

R.S.-