Sahdeo Rawani & Others vs Depak Kumar Jain & Others
2021 Latest Caselaw 929 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 67 of 2015
                         ........

 Sahdeo Rawani & Others                           ..... Appellants
                              Versus
 Depak Kumar Jain & Others                     ..... Respondents

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

For the Appellants : Mr. Arvind Kumar Lall, Advocate. For the Respondents No. 3 : Mr. D. C. Ghosh, Advocate.

........

07/24.02.2021 Heard, learned counsel for the appellants, Mr. Arvind Kumar Lall and learned counsel for the Insurance Company, Mr. D.C. Ghosh.

Learned counsel for the appellants has submitted that claimants, Sahdeo Rawani, Mahadeo Rawani, Ramnath Rawani, Mukesh Rawani and Smt. Veena Devi have preferred this appeal for enhancement of the award dated 09.12.2014 in Title (M.V.) Suit No.09/2007 passed by learned District Judge-cum- Motor Accident Claim Tribunal, Court No.1, Giridih, whereby the claimants have been awarded compensation to the tune of Rs.8,40,700/- along with interest @ 9% per annum from the date of institution of the claim case till the date of actual payment through account payee cheque separately in the name of all the five claimants in equal proportionate within two months from the date of this order.

Learned counsel for the appellants has submitted that admitted fact of the case is that deceased, Pyari Rawani, who was working as a peon and drawing salary of Rs.7,056/- per month, died in a motor accident at the age of 48 years 8 months. The service book of deceased Pyari Rawani has been brought on record as Exhibit-7, Original income certificate dated 16.12.2009 has been brought on record as Exhibit-8 and Original salary certificate dated 31.08.2006 has been brought on record as Exhibit-9. There is no dispute with regard to the income and age of the deceased. The offending vehicle Tanker bearing registration No. WB-37A-7942 was also insured before the New India Assurance Company Limited vide Policy No.512102/31/06/01/00004413 w.e.f. 10.06.2006 to 09.06.2007 and

unfortunate incident took place on 17.07.2006. The instant enhancement appeal has been preferred with respect to none consideration of future prospect of the deceased though he was a permanent employee and under the conventional head less amount has been paid contrary to the 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-59.3 and 59.8).

Learned counsel for the respondent No.3, Mr. D.C. Ghosh has submitted that interest has been paid on the higher side contrary to the judgment passed by the Apex Court in the case of Dharampal and Sons Vs. U.P. State Road Transport Corporation reported in 2008 (4) JCR 79 (SC). Since the quantum of compensation has been assailed by the appellants, as such, in view of judgment passed by the Apex Court in the case of Ranjana Prakash & Others Vs. Divisional Manager & Another reported in 2011 (14) SCC 639 (para-

8), this Court may consider and determine the just and fair compensation.

Considering the rival submissions of the parties, looking into fact and circumstances of the case, it appears that appellants are entitled for future prospect @ 30% in view judgment passed by the Apex Court in the case of Pranay Sethi (Supra) Para-59.3, as the deceased died at the age of 48 years 8 months and appellants are also entitled for amount of Rs.70,000/- under the conventional head i.e. Rs.15,000/- for loss of estate Rs. 40,000/- for loss of consortium and Rs. 15,000/- for funeral expenses in view of the judgment passed by the Apex Court in the case of Pranay Sethi and Ors. (supra) Para- 59.8, but the interest has been awarded on the higher side, which ought to have been @ 7.5% in view of the judgement passed by the Apex Court in the case of Dharampal and Sons (Supra), accordingly, the fresh calculation is as under:-

Monthly income of the deceased was Rs.7056/- which has been rounded as Rs.7,100/-. Thus Annual Income comes to Rs.7,100 x 12 = Rs.85,200/-. After deducting 1/4th towards the personal and living expenses, it comes to Rs. 85,200/- X 1/4 = Rs. 21,300/- total

income comes to Rs. 85,200 - Rs. 21,300/- = 63,900/-. After application of multiplier of 13 in view of the judgment passed by Apex Court in the case of Sarla Verma (Smt.) Vrs. Delhi Transport Corporation reported in (2009) 6 SCC 121(para-42), the income comes to Rs. 63,900/- X 13 = Rs. 8,30,700/-, after adding amount of Rs.70,000/- under the conventional head in view of the judgment passed by the Apex Court in the case of Pranay Sethi (Para-59.8), total compensation amount comes to Rs. 8,30,700/- + Rs. 70,000/- = Rs. 9,00,700/- along with interest @ 7.5% per annum from the date of filing of the claim application till the date of actual indemnifying the award.

However, the amount awarded by the learned Tribunal to the tune of Rs.8,40,700/- along with interest @ 9% per annum has already been indemnified by the Insurance Company shall be deducted and the balance amount shall be paid by the Insurance Company to the claimants in equal shares within a reasonable period as the incident was of dated 17.07.2006.

Accordingly, the instant Miscellaneous Appeal is hereby allowed.

(Kailash Prasad Deo, J.) Jay/-