Icici Lombard General Insurance ... vs Ramesh Kumar Agarwal & Others
2021 Latest Caselaw 2962 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
          (Civil Miscellaneous Appellate Jurisdiction)
                 M.A. No. 543 of 2019
                        ........

ICICI Lombard General Insurance Company Ltd.

                                    ....        ..... Appellant
                            Versus
Ramesh Kumar Agarwal & Others ....               ..... Respondents

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

For the Appellant : Mr. Nikhil Ranjan, Advocate.

For the Respondents              :
                                     ........
03/17.08.2021.

Heard, learned counsel for the appellant, Mr. Nikhil Ranjan. The appellant - ICICI Lombard General Insurance Company Limited has preferred this appeal against the award dated 28.08.2019 passed by learned District & Additional Sessions Judge-VII-cum- M.A.C.T. Judge, Dhanbad in Motor Accident Claim Case No.75/2018, whereby the claimants namely, (1) Ramesh Kumar Agarwal, son of Sri Banshilal Agarwal and (2) Krishna Agarwal @ Rashmi, wife of Ramesh Kumar Agarwal (parents of the deceased Keshav Kumar Agarwal, aged about 05 years, who lost his life in motor accident on 16.11.2014), have been awarded compensation to the tune of Rs.5,30,000/- against the claim of Rs. 5,10,000/-, out of which Rs.50,000/-, which has been paid under Section 140 of the Motor Vehicles Act, shall be deducted from the aforesaid amount, as such, the compensation amount comes to Rs. 4,80,000/-, which shall be paid along with interest @ 9 % per annum from the date of filing of the claim application till the date of payment.

Learned counsel for the appellant has submitted that the learned Tribunal, while computing compensation for the victim below the age of 15 years, has wrongly applied the multiplier considering the age of the father of the deceased.

Learned counsel for the appellant has submitted that in view of the judgment passed by the Delhi High Court in the case of Chetan Malhotra Vs. Lala Ram reported in 2016 SCC Online Del 2981, the compensation has to be paid to the tune of Rs. 3,75,000/- along with interest @ 7.5% per annum from the date of filing of the claim

application till the date of indemnifying the award, as such, notice may be issued to the claimants.

Considering the same, let notice be issued to the claimants namely, (1) Ramesh Kumar Agarwal, son of Sri Banshilal Agarwal and (2) Krishna Agarwal @ Rashmi, wife of Ramesh Kumar Agarwal, both resident of Mohan Bazar, Patherdih, near Gurudwara, P.O. - Patherdih, P.S. - Sudamdih, District - Dhanbad, 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 one week.

Put up this appeal after service of notice.

(Kailash Prasad Deo, J.) Sunil/-