Jharkhand High Court
Balram Dey vs Umesh Vishwakarma & Another on 17 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 352 of 2015
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Balram Dey .... ..... Appellant
Versus
Umesh Vishwakarma & Another .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
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For the Appellant : Mr. Rakesh Kumar Sinha, Advocate.
For the Respondent No. 1: Mr. Lukesh Kumar, Advocate.
For the Respondent No. 2: Mr. Pratyush Kumar, Advocate.
........
08/17.02.2021.
Heard, learned counsel for the appellant, Mr. Rakesh Kumar
Sinha, learned counsel for the respondent no. 1 (Owner of the
Offending Vehicle), Mr. Lukesh Kumar and learned counsel for the
respondent no. 2 (National Insurance Company Limited), Mr.
Pratyush Kumar.
Learned counsel for the appellant has submitted that this appeal
has been preferred for enhancement of the award dated 30.03.2015
passed by District Judge-XIII-cum-PO, M.A.C.T., Dhanbad in Title
(M.V.) Claim Case No. 100/2003, whereby the claimant has been
granted compensation to the tune of Rs. 53,388/- to be paid within
two months from the date of judgment, failing which defendant no. 2
- National Insurance Company Limited shall have to pay simple
interest @ 6% per annum from the date of order, as the plaintiff has
substituted the name of defendant no. 2 on 09.02.2005, the suit was
fixed for evidence of plaintiff on 21.02.2007 and it was kept pending
up to 19.07.2013 when the evidence was closed.
Learned counsel for the appellant has submitted that claim has
been made to the tune of Rs. 2,00,000/- on the ground that applicant /
appellant got injury on 14.01.2003 at 6:30 p.m. when he was boarded
on Auto Rickshaw No. BR-2B-6179 at Karmik Nagar, More,
Dhanbad. The said Auto Rickshaw was driven rashly and negligently
due to which it turtled near Gol building Check Post and he sustained
injury. He remained admitted at PMCH, Dhanbad from 14.01.2003 to
17.01.2003 and thereafter for better treatment he was admitted at
Pragati Medical & Research Centre, Saraidhela, Dhanbad from
17.01.2003 to 23.01.2003 and appellant has claimed medical expenses
in different heads i.e. doctor's fee, bed charge, X-ray charge etc. - Rs.
16,000/-, medicine expenses - Rs. 25,000/-, ambulance charge - Rs.
1000/-, total Rs. 42,000/-, for mental and physical expenses Rs.
75,000/-, general compensation - Rs. 70,000/-, loss of salary due to
absent from duty since 15.01.2003 to 20.03.2003 - Rs. 13,000/- and
thus, total Rs. 2,00,000/-.
Learned counsel for the respondent no. 2, Mr. Pratyush Kumar,
has submitted that the appellant / claimant has suffered 30%
disability, but has not suffered disability in doing regular duty as Peon
in Civil Court. So far the medical expenditures are concerned, those
have been given on the basis of the documents brought before the
learned Tribunal, but he has not suffered any loss because of non-
attending they duty in the court as per salary chart (Exhibit-B & 10)
submitted by both the sides, which show that the injured has received
his salary of the period of treatment also. So direct pecuniary loss has
not been caused to the claimant but he has to take E.L. So he should
be given two months salary 5729 x 2 = 11458 also. Still victim is
working as fourth grade employee in Civil Court, Dhanbad. So his
disablement of 30% has not affected his life or pecuniary loss which
may require any additional compensation.
Learned counsel for the respondent no. 2, thus, submitted that
the learned Tribunal has rightly passed the order, as such, this Court
may not interfere with the same.
Considering the rival submissions of the parties, looking into
facts and circumstances of the case, this Court is of the opinion that
compensation / damages for pain and suffering to the tune of Rs.
10,000/- is less amount, it ought to have been Rs. 30,000/- as the
employee sustained injury and remained on bed from 14.01.2003 to
23.01.2003 at different places.
Under the aforesaid circumstances, further Rs. 20,000/- is
enhanced which shall be paid @ 7.5% from the date of order i.e.
30.03.2015 till the date of indemnifying the award. The rest amount of
Rs. 53,388/- shall be paid with additional interest @ 1.5% per annum
from the date of order i.e. 30.03.3015 till the date of actual
indemnifying the award. As earlier the learned Tribunal has awarded
6% simple interest contrary to the Judgment passed by Apex Court in
the case of Dharampal and Sons Vs. U.P. State Road Transport
Corporation reported in 2008 (4) JCR 79 (SC).
Accordingly, the instant miscellaneous appeal is allowed in
aforesaid terms.
(Kailash Prasad Deo, J.)
Sunil/-
