Jharkhand High Court
Jaya Devi & Others vs Iffco Tokio General Insurance on 18 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 456 of 2018
........
Jaya Devi & Others ..... Appellants
Versus
Iffco Tokio General Insurance
Company Limited &Anr. ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Rajiv Kumar Karan, Advocate.
For the Respondent No.1 : Mr. Bibhash Sinha, Advocate.
........
04/18.08.2021.
Heard, learned counsel, Mr. Rajiv Kumar Karan on the instruction
of learned counsel for the appellants, Mr. M. B. Lal and learned counsel for
the Insurance Company, Mr. Bibhash Sinha.
The claimants namely, (1) Jaya Devi, wife of Late Bhola Pandey, (2)
Kundan Pandey, son of Late Bhola Pandey @ Bhola Nath Pandey, (3)
Chandan Pandey, son of Late Bhola Pandey @ Bhola Nath Pandey, (4)
Rakesh Kumar Pandey, son of Late Bhola Pandey @ Bhola Nath Pandey
and (5) Pankaj Kumar Pandey, son of Late Bhola Pandey @ Bhola Nath
Pandey, have preferred this appeal for enhancement of the award dated
06.01.2018 passed by learned Presiding Officer, M.V.A.C.T., Hazaribagh in
Claim Case No. 97/2011, whereby the claimants have been awarded
compensation to the tune of Rs.15,45,404/- along with interest @ 6% per
annum from the date of framing of the issue i.e. 02.07.2014 to be paid
within 30 days, failing which the award amount shall carry interest @ 9%
per annum. However, the payment of ad-interim compensation under
Section 140 of the Motor Vehicles Act, if paid, shall be deducted from the
aforesaid amount.
Learned counsel for the appellants, Mr. Rajiv Kumar Karan has
submitted that the offending vehicle Tempo bearing registration No. JH-
10AA-6114 was duly insured before the Iffco Tokio General Insurance
Company Limited vide Policy No.1MA0A01 dated 07.06.2011 and the
same is not under dispute, as the Insurance Company has already
indemnified the awarded amount along with interest on 09.02.2018, as
such, this Court may only consider that whether the compensation amount
awarded by the learned Tribunal is in consonance with the judgment passed
by the Hon'ble Apex Court in the case of National Insurance Company
Ltd. Vs. Pranay Sethi and Ors. reported in (2017) 16 SCC 680 (Para-59.4)
or not, whereby future prospect of the deceased has to be considered by the
learned Tribunal and dependents of the deceased ought to have been
granted 25% of future prospect, as the deceased was aged about 45 years
and was doing business, but the same has not been considered by the
learned Tribunal in this case.
Learned counsel for the appellants has further submitted that interest
has been awarded @ 6% per annum from the date of framing of the issue
i.e. 02.07.2014, though the claim application has been filed in the year
2011, as such, the interest ought to have been awarded @ 7.5% per annum
from the date of filing of the claim application 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 as well
as in view of Section 171 of the Motor Vehicles Act.
Learned counsel for the appellants has further submitted that though
there is delay of 110 days in preferring the appeal and for condonation of
the same, I.A. No.7611/2018 has been preferred, as such, delay may be
condoned.
Learned counsel for the Iffco Tokio General Insurance Company
Limited, Mr. Bibhash Sinha has opposed the prayer and has submitted that
once the entire amount has been paid to the claimants along with interest on
09.02.2018 by way of five cheques to the tune of Rs.18,81,752/-, the
claimants have preferred this appeal subsequent to that and that too with
delay, as such, this Court may not entertain such enhancement appeal,
otherwise it will open floodgates for the claimant (s).
Learned counsel for the Iffco Tokio General Insurance Company
limited has further submitted that there is delay of 110 days in preferring
the appeal, as such, while considering the interest, this Court may take
proper consideration with regard to delay, if the enhancement appeal is
allowed.
Considering the aforesaid facts and circumstances, the delay in filing
the appeal is hereby condoned in a benevolent legislation.
Accordingly, I.A. No. 7611/2018 is allowed.
After hearing learned counsel for the parties and on the basis of
materials available on record, it appears that on the basis of Exhibit-X/8 i.e.
I.T.R. of deceased for the year 2010-11, the income of the deceased has
been considered by the learned Tribunal as Rs.1,40,515/- per annum. In
view of the judgment passed by the Apex Court in the case of (Smt.) Sarla
Verma & Others Vrs. Delhi Transport Corporation reported in (2009) 6
SCC 121 (Para-30), as the number of dependents are five, the deduction
towards personal and living expenses of the deceased is 1/4 th, which comes
to Rs.35,129/-, as such, the net dependency comes to Rs.1,05,386/-, upon
which the dependents are entitled for 25% of the future prospect in view of
the judgment passed by the Apex Court in the case of Pranay Sethi(Supra)
(Para-59.4) as the deceased was aged about 45 years, the same comes to
Rs.26,346/-. Thus the entire income comes to Rs.1,05,386/- + Rs.26,346/- =
Rs. 1,31,732/-.
Since the deceased was in the age group of 45 years, as such, in view
of the judgment passed by the Apex Court in the case of Sarla Verma
(Smt.) (Supra)(Para-42), multiplier of 14 is applicable. Thus, the amount
comes to Rs.18,44,248/-. The claimants are entitled for Rs.70,000/- under
the conventional head (i.e. Rs. 40,000/- for loss of consortium, Rs. 15,000/-
for funeral expenses and Rs. 15,000/- for loss of estate) in view of the
judgment passed by the Apex Court in the case of Pranay Sethi(Supra)
(Para-59.8), as such, the total compensation comes to Rs. 19,14,248/-.
The enhanced amount ought to have been paid along with interest @
7.5% per annum from the date of filing of the claim application in view of
judgment passed by the Apex Court in the case of Dharampal and Sons
(supra) and in view of Section 171 of the Motor Vehicles Act, but it appears
that there is delay of 110 days in preferring the appeal, as such, this Court
grants interest @ 7.5% per annum from the date of filing of the appeal as
this appeal has been preferred after the amount has been satisfied by the
Insurance Company on 09.02.2018 by way of five cheques to the tune of
Rs.18,81,752/-, accordingly, the balance amount, which comes to
Rs.32,496/- shall be paid along with interest @ 7.5% per annum from the
date of filing of this appeal i.e. 31.07.2018.
Accordingly, the Instance Miscellaneous Appeal is hereby allowed.
(Kailash Prasad Deo, J.)
Jay/-
