Jharkhand High Court
Sunita Devi & Others vs Dashrath Sahu & Another on 13 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 397 of 2018
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Sunita Devi & Others .... ..... Appellants
Versus
Dashrath Sahu & Another .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Sarvendra Kumar, Advocate.
For the Respondents :
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05/13.08.2021.
Heard, learned counsel for the appellants, Mr. Sarvendra
Kumar.
Learned counsel for the appellants has submitted that the
claimants namely, (1) Sunita Devi @ Tirky, wife of Bishuwa Orwan
and mother of the deceased Amit Oraon, (2) Bishwa Orwan, son of
Late Dugna Oraon and father of the deceased Amit Oraon, (3) Ankita
Tigga, daughter of Bishwa Orwan and sister of the deceased Amit
Oraon and (4) Nikita Orwan, daughter of Bishwa Orwan and sister of
the deceased Amit Oraon, have preferred this appeal for enhancement
of the award dated 28.03.2018 passed by learned Presiding Officer,
Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident
Claim Case No. 209 of 2011, whereby the claimants have been
awarded compensation to the tune of Rs. 4,83,600/-, out of which
30% of the awarded amount deducted towards contributory
negligence and amount of Rs. 50,000/- has been deducted under
Section 140 of the Motor Vehicles Act. Thus, the awarded amount
comes to Rs. 4,83,600/- - Rs. 1,45,080/- - Rs. 50,000/- = Rs.
2,88,520/-, which shall be paid to the claimants along with interest @
12% per annum from the date of award till its realization to be paid
within 30 days from the date of award.
Learned counsel for the appellants has submitted that
admittedly the offending vehicle was insured before the Oriental
Insurance Company Limited and the deceased Amit Oraon was riding
on the motorcycle bearing registration no. JH-01W-1944 along with
two pillion riders namely, Vivek Oraon and Amar Toppo, which was
hit by offending vehicle Bolero Jeep registration no. WB-02U-4130
coming from opposite direction driven rashly and negligently collided
against the said motorcycle resulting, all the three persons were
sustained grievous injuries and they were shifted to RIMS, Ranchi,
but Amit Oraon died on way to RIMS, Ranchi, Vijay Oraon died
during treatment.
Learned counsel for the appellants has further submitted that
the deceased Amit Oraon was aged about 20 years and he was
appearing in examination for Diploma in Civil Engineering Branch,
but the learned Tribunal has considered the income of the deceased to
be Rs. 3,000/-. Apart from that, the amount under loss of consortium
to the tune of Rs. 40,000/- has not been paid in view of the judgment
passed by the Apex Court in the case of National Insurance
Company Ltd. Vs. Pranay Sethi and Ors. reported in (2017) 16 SCC
680 (Para-59.8). Apart from that, interest has been granted from the
date of award on the basis of reason assigned by the learned Tribunal
that the claim application under Section 166 of the Motor Vehicles
Act has been admitted on 30.09.2013 and issues have been settled on
11.06.2015, thereafter, a period of about three years have been taken
by the applicants for adducing evidence, thus hearing of the case has
been delayed due to laches of applicants only, as such, notice may be
issued to the respondent no. 2, the Oriental Insurance Company
Limited.
Considering the same, let two copies of memo of appeal along
with impugned award be served upon learned counsel, Mr. Manish
Kumar, who normally appears on behalf of the Oriental Insurance
Company Limited.
Office is directed to reflect the name of learned counsel, Mr.
Manish Kumar, in the cause list on behalf of respondent - Oriental
Insurance Company Limited.
Put up this appeal in the month of September, 2021.
(Kailash Prasad Deo, J.)
Sunil/-
