Jharkhand High Court
Vandana Devi & Others vs Aruna Choudhary & Anr on 23 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 124 of 2018
........
Vandana Devi & Others .... ..... Appellants
Versus
Aruna Choudhary & Anr. .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Nikhil Ranjan, Advocate
For the Respondent No.2 : Mr. Ashutosh Anand, Advocate
........
07/23.08.2021.
Heard, learned counsel for the appellants, Mr. Nikhil Ranjan and
learned counsel for the respondent No.2, Mr. Ashutosh Anand.
The claimants namely, (1) Vandana Devi, (2) Puja Shahi and (3)
Arpit Raj (appellant no.3 is minor son represented through his legal
guardian mother appellant no.1 i.e. Vandana Devi) have preferred this
appeal for enhancement of the award dated 18.01.2018 in Motor Accident
Claims Case No.55/2015 passed by learned District Judge-II-cum-Presiding
Officer, Motor Accident Claim Tribunal (M.A.C.T.), Bokaro, whereby the
claimants have been awarded compensation to the tune of Rs.11,95,000/-
subject to deduction of Rs.50,000/-, if paid, under Section 140 of the Motor
Vehicle Act without interest and if the compensation amount is not paid
within one month from the date of the award, the Insurance Company shall
be liable to pay penal interest @ 6% per annum from the date of passing of
this order till its relalization.
Learned counsel for the appellants has submitted that future
prospect has not been considered by the learned Tribunal in view of
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
paragraph-59.4, which should have been 25% as the deceased was aged
about 43 years, which falls between the age group of 40 to 50 years. It has
further been submitted that interest has been awarded on the compensation
amount if the same is not paid within one month from the date of award
and that too @ 6% per annum from the date of passing of the award
without assigning any reason, which should have been @7.5 % per annum
from the date of filing of 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 and in view
of Section 171 of the Motor Vehicles Act.
Learned counsel for the United India Insurance Company Limited,
Mr. Ashutosh Anand has submitted that though the Insurance Company
has not preferred any appeal against the impugned award, but under the
conventional head excess amount i.e. Rs.75,000/- has been paid contrary
to the judgment passed by the Apex Court in the case of Pranay Sethi
(Supra) (Para-59.8) i.e. Rs. 40,000/- for loss of consortium, Rs. 15,000/-
for funeral expenses and Rs. 15,000/- for loss of estate i.e. Rs.70,000/-.
In reply to that, learned counsel for the appellants, Mr. Nikhil
Ranjan has submitted that though this amount has not been assailed by the
appellants, but there is a direction passed by the Apex Court in the case of
Pranay Sethi (Supra) (Para-59.8) that amount under the conventional
head should be enhanced by 10% after every three years, as such,
Rs.75,000/- given under the conventional head by learned Tribunal may
not be reduced as the accident is of dated 04.05.2015 and said judgment
was delivered by the Apex Court on 31.10.2017.
Learned counsel for the United India Insurance Company Limited,
Mr. Ashutosh Anand has submitted that the said judgment was delivered
on 31.10.2017 and that can only be considered for an accident, which took
place after 31.10.2017, but not for the accident, which took place on
04.05.2015.
In reply to that learned counsel for the appellants, Mr. Nikhil
Ranjan has submitted that 10% enhancement in conventional head is to be
considered from the date of accident even though the judgment has been
passed by the Apex Court in the year 2017.
Considering the submissions, this Court considered that no appeal
has been preferred by the Insurance Company and it appears that
admittedly future prospect has not been considered by the learned Tribunal
while granting the award, as such, 25% of future prospect is enhanced by
this Court.
Further, interest has been paid in case of non-payment of
compensation amount within a period of one month from the date of
award and that too @ 6 % per annum from date of award till realization,
which is contrary to the judgment passed by the Apex Court in the case of
Dharampal & Sons (Supra) and also contrary to Section 171 of the Motor
Vehicles Act whereby interest should be @ 7.5% per annum from the date
of filing of claim application, as such, this Court allows interest @ 7.5%
per annum from the date of filing of claim application.
So far with regard to conventional head is concerned, since the
accident is of dated 04.05.2015 and the award has been passed on
18.01.2018, as such, this Court considered it to be rational to enhance the
amount under conventional head by 10% on the appeals pending after
31.10.2017, as such, this amount is considered to be Rs.77,000/- in view
of judgment passed by the Hon'ble Apex Court in the case of Pranay
Sethi (Supra).
Accordingly, this Court is computing the compensation afresh:-
Income Rs. 10,000/- per month
Annual Income Rs. 10,000/- x 12 = Rs. 1,20,000/-
25% future prospect Rs. 1,20,000/- + Rs. 30,000/-
Pranay Sethi (Supra) (Para-59.4) = Rs. 1,50,000/-
1/3rd deduction towards personal Rs.1,50,000/- x 1/3 = Rs. 50,000/-
and living expenses
Sarla Verma (Supra) (Para-30)
Total Rs. 1,50,000/- - Rs. 50,000/-
= Rs.1,00,000/-
Multiplier of 14 (as the deceased Rs. 1,00,000/- x 14 = Rs. 14,00,000/-
was in the age group of 40-50
years) Sarla Verma (Supra)
(Para-42)
Conventional Head Rs. 77,000/- ( i.e. for loss of estate
Pranay Sethi (Supra) ((Para- Rs.15,000/-, for funural expenses
59.8) Rs.15,000/-, for loss of consortium
Rs.40,000/- with enhancement of 10%
every three years.)
Total Compensation Amount Rs. 14,00,000/- + Rs. 77,000/-
= Rs. 14,77,000/-
Accordingly, this court directs that the aforesaid amount shall be
paid along with interest @ 7.5% per annum from the date of filing of
claim application till realization.
However, amount paid under Section 140 of the Motor Vehicles Act
and any other amount paid pursuant to award passed by the learned
Tribunal shall be deducted from the aforesaid amount and balance amount
shall be paid by the Insurance Company within a reasonable period as
accident is of dated 04.05.2015.
Accordingly, the instant Miscellaneous Appeal is allowed.
(Kailash Prasad Deo, J.)
Jay/-
