Jharkhand High Court
Saraswati Hansda & Another vs Manjeet Singh & Others on 13 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 416 of 2018
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Saraswati Hansda & Another ..... ..... Appellants
Versus
Manjeet Singh & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Arvind Kumar Lall, Advocate.
For the Respondents :
........
04/13.08.2021.
Heard, learned counsel for the appellants, Mr. Arvind Kumar Lall.
The claimants namely, (1) Saraswati Hansda, wife of Late
Uday Hansda and (2) Khusi Hansda, daughter of Late Uday Hansda,
(claimant no. 2 being the minor is represented through her mother and
legal guardian, claimant no. 1 Saraswati Hansda) have preferred this
appeal for enhancement of the award dated 30.10.2017 passed by
learned District Judge-III-cum-Motor Vehicles Accident Claims
Tribunal, Jamshedpur in Compensation Case No. 117 of 2015,
whereby the claimants have been awarded compensation to the tune
of Rs. 29,86,000/- (out of total compensation of Rs. 29,86,000/-, 70%
was directed to be paid to the claimants and rest 30% was directed to
be paid to the Malti Hansda, mother of the deceased) along with
interest @ 6% per annum from the date of filing of claim case till
payment to be paid within 30 days of the award. However, if the
amount has been paid to the claimants under Section 140 of the
Motor Vehicles Act as ad-interim compensation shall be deducted.
Learned counsel for the appellants, Mr. Arvind Kumar Lall has
has assailed the impugned award on the ground that the learned
Tribunal has wrongly appreciated the income of the deceased
contrary to the evidence brought on record with regard to the monthly
salary of deceased from March, 2014 to March, 2015 issued by Tata
Motors (Exhibits 1 to 1/12) at para-11 of the impugned judgment and
the interest has also been awarded on the lower side @ 6% per
annum, which may be granted @ 7.5% per annum in view of the
judgment passed by the Apex Court in the case of Dharampal and
Sons Vs. U.P. State Road Transport Corporation reported in (2008)
12) SCC 208.
Learned counsel for the appellants has submitted that there is
delay of 163 days in preferring the appeal as the bread-earner of the
family has died, as such, I.A. No. 5982/2018 has been preferred for
condonation of delay, as such, notice may be issued upon respondent
no. 2 i.e. Royal Sundaram Insurance Company Limited.
Considering the same, appellants are directed to serve two
copies of memo of appeal as well as impugned judgment along with
limitation petition upon learned counsel, Mr. Ashutosh Anand, who
normally appears on behalf of the Royal Sundaram Insurance
Company Limited within two weeks.
Put up this appeal in the month of September, 2021.
Office is directed to reflect the name learned counsel, Mr.
Ashutosh Anand in the cause list as counsel for the respondent -
Royal Sundaram Insurance Company Limited.
(Kailash Prasad Deo, J.)
Sunil/-
