Basudeb Sah vs Saraswati Maraiya
2021 Latest Caselaw 887 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  [Civil Miscellaneous Appellate Jurisdiction]
                         M.A. No. 238 of 2014
         Basudeb Sah, S/o Lt. Birju Lal Saha         .... .. ...          Appellant(s)
                                    Versus
         1.Saraswati Maraiya, W/o Lt. Gyanpuria Maraiya @ Babulal Maraiya
         2.Urmila Bewa, W/o Late Mithun Maraiya
         3.Milan Maraiya, S/o Late Mithun Maraiya              .. ... ... Respondent(s)
                         ...........

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

For the Appellant(s) : Mr. Kumar Sidhartha, Advocate.

      For the Respondent             :
                         ..........

06 / 23.02.2021. Heard, learned counsel, Mr. Kumar Sidhartha on the instruction of learned counsel for the appellant, Mr. Sidhartha Roy.

Learned counsel for the appellant has submitted that owner of Tractor bearing Registration No.JH16A- 1566 has preferred this Misc. Appeal against the Award/judgment dated 26.04.2014 passed by learned Principal District Judge- cum-Motor Vehicle Accident Claim Tribunal, Pakur, in MACT Case No.14 of 2009, whereby, the claimant, namely, 1.Saraswati Maraiya, W/o Lt. Gyanpuria Maraiya @ Babulal Maraiya along with claimants, 2.Urmila Bewa, W/o Late Mithun Maraiya and 3.Milan Maraiya, S/o Late Mithun Maraiya, have been jointly awarded a compensation to the tune of Rs.4,32,000/- along with simple interest @7% per annum from the date of institution of the suit i.e. 26.02.2009. The learned Tribunal has granted mother of the deceased i.e. claimant No.1 (Saraswati Maraiya) to the tune of Rs.1,50,000/- and rest amount of Rs.2,82,000/- be given to the claimant no.3 being the minor son of the deceased, through her mother, claimant no.2, being natural guardian of minor with simple interest @7% from the date of institution 26.02.2009. Accordingly, the aforesaid amount, as mentioned above, separately be given to the claimants by way of compensation by O.P. No.1, the owner of the offending vehicle, within two months from the date of filing deficit court fee, if any, failing which, the said amount will be realized through certificate case.

Learned counsel for the appellant/owner has submitted that in compliance of the order dated 22.08.2019 passed by this Court, the appellant/owner of the offending vehicle has already deposited the compensation amount of Rs.4,32,000/- (principal amount) before the learned Executing Court on 22.10.2019. So far interest is concerned, the same has not been indemnified till date.

Learned counsel for the appellant has assailed the impugned award only on the ground that after death of Mathun Maraiya @ Shibu Santos on 14.04.2007 about 11:00 A.M., the claim application was filed in the year 2009, but during pendency of the claim application, claimant No.2 ( Urmila Bewa) has solemnized her 2nd marriage with another person, as such, she is not entitled for the compensation awarded by the learned Tribunal.

Learned counsel for the appellant has further submitted that respondent No.3 (Milan Maraiya) is not the son of the deceased, as such, he is also not entitled for the compensation awarded by the learned Tribunal.

This Court has asked a pertinent question to the learned counsel for the appellant that whether he has any dispute with regard to the award granted to the appellant No.1 (.Saraswati Maraiya), upon which learned counsel for the appellant has fairly submitted that he has no ground to assail the impugned award against appellant No.1.

Learned counsel for the appellant has further submitted that notice may be issued to the respondent Nos.2 and 3, namely, Urmila Bewa, W/o Late Mithun Maraiya and Milan Maraiya, S/o Late Mithun Maraiya, respectively and both residents of Village- Sahargram, P.O. & P.S. Maheshpur, District- Pakur, till the appearance of the respondent Nos.2 and 3, the share of compensation may not be disbursed.

If Respondent Nos.2 and 3 are not entitled for the compensation, then their share of compensation amount may be transferred to the appellant No.1 ( Saraswati Maraiya) after considering the just and fair compensation in accordance with law.

Considering such submission let notice be issued to the respondent Nos.2, namely, Urmila Bewa, W/o Late Mithun Maraiya and respondent No.3, namely, Milan Maraiya, S/o Late Mithun Maraiya, both are residents of Village- Sahargram, P.O. & P.S. Maheshpur, District- Pakur, 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 two weeks.

So far compensation granted by the learned Tribunal to the claimant No.1 ( Saraswati Maraiya) to the tune of Rs.1,50,000/- is concerned, since the appellant has not assailed the impugned award against the appellant No.1, the learned Tribunal is directed to disburse Rs.1,50,000/- in favour of claimant No.1

( Saraswati Maraiya) after due verification and proof.

The rest amount of Rs.2,82,000/- shall be kept by the learned Executing Court before any Nationalized Bank so as not to cause any financial loss to the parties.

Put up this case after service of notice.

Let a copy of this order be communicated through "FAX" to the concerned learned Tribunal at once.

(Kailash Prasad Deo, J.) Sandeep/