Jharkhand High Court
Md. Jamal vs Pradeep Kumar Sharma on 25 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 656 of 2018
......
1.Md. Jamal
2.Kaniza Khatoon .... ..... Appellants
Versus
1.Pradeep Kumar Sharma
2.National Insurance Co. Ltd. ......Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
For the Appellants : Mr. Sudhir Kumar Sharma, Advocate
For the Respondent no.2 : Mr. Amaresh Kumar, Advocate
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06/Dated: 25/08/2021.
Heard, learned counsel for the appellants, Mr. Sudhir Kumar Sharma and
learned counsel for the respondent no.2, Mr. Amresh Kumar.
Learned counsel for the appellants has submitted that claimants, namely,
1.Md. Jamal and 2.Kaniza Khatoon have preferred this appeal for enhancement of
the award dated 31.07.2018, passed by learned (District Judge), Presiding Officer,
Motor Vehicles Accident Claims Tribunal, Hazaribagh in Motor Accident Claim
Case No.105 of 2015 whereby the claimants have been awarded compensation to the
tune of Rs.38,97,102/- along with interest @ 6% per annum from the date of
settlement of the issue till its payment within 30 days from the date of the order,
failing which the interest rate would be @9% per annum till the date of final
realization.
Learned counsel for the appellants, Mr. Sudhir Kumar Sharma has assailed
the impugned award earlier with regard to the income of the deceased which is
reflected in order dated 07.04.2021, but the appellants has not filed any
supplementary affidavit along with relevant document showing the income of the
deceased in his income tax return before the death, as such, learned counsel for the
appellants is not pressing the same.
Learned counsel for the appellants has confined the issue with regard to non-
payment of loss of consortium to the tune of Rs.40,000/-, in view of the judgment
passed by the Hon'ble Apex Court in the case of National Insurance Company Ltd. vs.
Pranay Sethi, reported in (2017) 16 SCC 680 at para 59.8 (for loss of Estate Rs.15,000/-,
for loss of consortium Rs.40,000/- and for funeral expenses Rs.15,000/-), which has not
been granted by the learned Tribunal and another issue is with regard to the interest @
7.5% instead of @6% from the date of filing of the claim application till the realization.
Learned counsel for the respondent-National Insurance Company Limited,
Mr. Amaresh Kumar has fairly submitted that Rs.40,000/- is to be granted as loss of
consortium in view of the judgment passed by the Apex Court in the case of Pranay
Sethi (Supra), but so far the interest is concerned, the same has rightly been granted
from the date of settlement of the issue as it would be apparent from the Lower Court
Records that claim application was filed under Sections 140 and 166 of the MV Act on
09.10.2015, the court fee of Rs.7,500/- was deposited on 14.12.2015 after 2 months and
the notice was directed to be issued on 02.01.2016, but requisites etc., was filed after
more than four months on 11.05.2016 whereafter the application under Section 140 of
the MV Act was placed on 17.08.2016, the same was allowed on 05.09.2016 and the
amount of Rs.50,000/- was deposited on 05.10.2016 under Section 140 of the MV Act
and the same was released on 08.11.2016 and the issues were settled on 18.11.2016, as
such, the date of interest may not be changed from the date of settlement.
Learned counsel for the appellants, Mr. Sudhir Kumar Sharma has submitted that
even if the date of interest is not changed because of the delay on the part of the
claimants the interest ought to have been @ 7.5% per annum in view of the judgment
passed by the Apex Court in the case of Dharmpal & Sons Vs. U.P. State Road
Transport Corporation, reported in (2008) 12 SCC 208 .
Learned counsel for the respondent- National Insurance Company Limited, Mr.
Amaresh Kumar has opposed the same.
Considering the rival submissions of the parties, looking into the facts and
circumstances of the case, since the appeal is on limited question with regard to loss of
consortium and interest, this Court considers that the appellants are entitled for
Rs.40,000/- as loss of consortium in view of the judgment passed by the Apex Court in
the case of Pranay Sethi (supra) and if the entire amount has already been satisfied by
the Insurance Company to the claimants, the interest shall be @ 7.5% from the date of
settlement of the issue till the date of indemnifying the award instead of @6% per
annum, as such, the Insurance Company shall calculate the same @7.5% per annum
from the date of settlement of issue till its realization and pay the same to the claimants.
Further the additional amount under heading of loss of consortium of Rs.40,000/-
with interest of 7.5% shall also be payable to the claimants.
The Insurance Company is directed to pay the aforesaid amount within a
reasonable time such accident is of dated 22.05.2012.
Accordingly, the instant Miscellaneous Appeal i.e. M.A. No.656 of 2018 is hereby
allowed.
Let LCR be sent down to the court below at once.
(Kailash Prasad Deo, J.)
R.S
