Jharkhand High Court
Dinesh Ekka vs Laxami Narayan Mazumdar & Others on 12 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 300 of 2014
........
Dinesh Ekka .... ..... Appellant
Versus
Laxami Narayan Mazumdar & Others .... ..... Respondents
WITH
M.A. No. 190 of 2014
........
Laxmi Narayan Mazumdar & Others .... ..... Appellants
Versus
Dinesh Ekka .... ..... Respondent
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Sheo Kumar Singh, Advocate.
For the Respondents : Mr. Rajiv Anand, Advocate.
[M.A. No. 300/2014]
For the Appellants : Mr. Rajiv Anand, Advocate.
For the Respondent : Mr. Sheo Kumar Singh, Advocate.
[M.A. No. 190/2014]
........
14/12.01.2021.
Heard, learned counsel for the appellant / owner, Mr. Sheo
Kumar Singh and learned counsel for the respondents / claimants,
Mr. Rajiv Anand.
M.A. No. 300 of 2014
The appellant / owner has preferred the appeal against the
judgment dated 17.02.2014 passed by District Judge-I-cum-Motor
Accident Claims Tribunal, Bermo at Tenughat in M.V. Claim Case
No. 94/2005, whereby the appellant has been directed to pay
compensation to the tune of Rs. 11,27,360/- to the claimants within
two months from the date of award.
M.A. No. 190 of 2014
The appellants / claimants namely, (i) Laxami Narayan
Mazumdar, (ii) Debika Mazumdar @ Guddu and (iii) Debashish
Mazumdar have preferred M.A. No. 190/2014 for enhancement of
the Award dated 17.02.2014 passed by District Judge-I-cum-Motor
Accident Claims Tribunal, Bermo at Tenughat in M.V. Claim Case
No. 94/2005, whereby the claimants have been awarded
compensation to the tune of Rs. 11,27,360/-, which has been passed
against Dinesh Ekka, son of Matiyash Ekka, resident of Village -
Khambra, P.O. and P.S. - I.E.L. Gomia, District - Bokaro, who is
owner and driver of the offending motorcycle bearing registration
no. BR-20E-7005 (Bajaj Boxer).
Learned counsel for the owner, Mr. Sheo Kumar Singh, has
submitted that the Dinesh Ekka has already indemnified the awarded
amount through the process of the court in Certificate Case No.
03/2014-15.
Learned counsel for the claimants has assailed the impugned
award dated 17.02.2014 passed by the learned District Judge-I-cum-
Motor Accident Claims Tribunal, Bermo at Tenughat in M.V. Claim
Case No. 94/2005 on the ground that future prospect of the deceased
Malbika Dhar, who was a permanent employee in the Department of
Health, Government of Jharkhand having monthly income of Rs.
9,753/-, died in a road accident at an age of 41 years, has not been
considered, less amount has been paid under the conventional head
and interest has also not been awarded by the learned Tribunal.
Learned counsel for the claimants has thus assailed the
impugned award for enhancement of the award.
Learned counsel for the owner has submitted that wrong
multiplier has been used, for the age group of 41-45 years, which
ought to have been 14, but it has been made 15.
From the record, it appears that the deceased Malbika Dhar
died on 07.11.2005 in a road accident occurred on 05.11.2005 and
she was a permanent employee at P.H.C., Gomia in the Department
of Health, Government of Jharkhand at an age of 41 years, as such,
in view of the judgment passed by the Apex Court in the case of
National Insurance Company Ltd. Vs. Pranay Sethi and Ors.
(paragraph-59.8) reported in (2017) 16 SCC 680, the dependents /
claimants are entitled for future prospect @ 30%.
So far the conventional head is concerned, it is apparent that
less amount has been paid i.e. Rs. 2,000/- as funeral expenses and
Rs. 5,000/- as loss of consortium contrary to the judgment passed by
the Apex Court in the case of Pranay Sethi (Supra) (Para-59.8),
where Rs. 40,000/- for loss of consortium, Rs. 15,000/- for funeral
expenses and Rs. 15,000/- for loss of love and affection that is total
Rs. 70,000/- under conventional head are admissible.
It appears that interest has also not been paid in the awarded
amount, as such, in view of Section 171 of the Motor Vehicles Act
coupled with 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), claimants are entitled for the
interest @ 7.5% per annum from the date of filing of the claim
application till the date of actual realization.
In view of the 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 is computing the
compensation afresh as under :
Income Rs.9,753/- per month
Annual Income Rs. 9,753/- x 12 = Rs. 1,17,036/-
30% future prospect Rs. 1,17,036/- + Rs. 35,111/-
= Rs. 1,52,147/-
1/3rd deduction towards personal Rs. 1,52,147/- x 1/3 = Rs. 50,716/-
and living expenses
Total Income Rs. 1,52,147/- - Rs. 50,716/-
= Rs. 1,01,431/-
Multiplier of 14 (as the deceased Rs. 1,01,431/- x 14 = Rs. 14,20,034/-
was in the age group of 41-45
years)
Conventional Head Rs. 70,000/-
Total Compensation Amount Rs. 14,20,034/- + Rs. 70,000/-
= Rs. 14,90,034/-
Interest RS. 14,90,034/- along with S.I. @ 7.5%
The entire compensation amount comes to Rs. 14,90,034/-
along with interest @ 7.5% from the date of filing of the claim
application till the date of realization. However, Rs. 11,27,360/- has
already been indemnified by the Owner, as such, Owner shall
calculate and pay the interest @ 7.5% per annum from the date of
filing of the claim application till realization of compensation
amount, which has been paid in Certificate Case No. 03/2014-15.
Thereafter, the balance amount i.e. Rs. 3,62,674/- shall be paid along
with interest @ 7.5 % per annum from the date of filing of the claim
application till its payment in view of the judgment passed by the
Apex Court in the case of Dharmpal and Sons (Supra).
Accordingly, the M.A. No. 300/2014 is dismissed and M.A.
No. 190/2014 is allowed.
Let the L.C.R. be sent down to the court concerned at once.
(Kailash Prasad Deo, J.)
Sunil-Jay/-
