Alomuni Devi vs Shriram Epc Limited
2021 Latest Caselaw 2924 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 467 of 2019
                         ........

Alomuni Devi                         ....        ..... Appellant
                             Versus
Shriram EPC Limited, Chennai & Anr. ....         ..... Respondents

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

For the Appellant : Mr. Shekhar Prasad Sinha, Advocate.

For the Respondents         :
                                      ........
04/16.08.2021.

Heard, learned counsel for the appellant, Mr. Shekhar Prasad Sinha.

Learned counsel for the appellant has submitted that claimant/ appellant namely, Alomuni Devi has preferred this appeal for enhancement of the award dated 31.07.2019 passed by learned District Judge-VIII-cum-MACT, Dhanbad in Motor Accident Claim Case No.119/2018, whereby the claimant, who is mother of deceased Mulind Soren, who was working as a painter, lost his life at the age of 21 years and earning Rs.400/- per day, has been awarded compensation to the tune of Rs.2,86,000/- (amount of Rs.5,00,000/- has already been paid) along with interest @ 6% per annum from the date of filing of the claim application i.e. on 22.05.2018 till its realization.

Learned counsel for the appellant has further submitted that learned Tribunal has not considered the loss of consortium to the tune of Rs.40,000/- 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).

So far the interest is concerned, the same has been granted @ 6% per annum from the date of filing of the claim application i.e. 22.05.2018, which ought to have been @ 7.5% in view of the judgment passed by the Apex Court passed in the case of Dharampal and Sons Vs. U.P. State Road Transport Corporation reported in (2008) 12 SCC 208.

Under the aforesaid circumstances, learned counsel for the appellant is directed to serve two copies of memo of appeal as well

as impugned award upon learned counsel, Mr. Ashutosh Anand, who normally appears on behalf of the Sriram General Insurance Company Limited, within one week.

Put up this case in the month of September, 2021. Office is directed to reflect the name of learned counsel, Mr. Mr. Ashutosh Anand in the cause list as counsel for respondent no. 2

- Sriram General Insurance Company Limited.

(Kailash Prasad Deo, J.) Sunil-Jay/-