Jharkhand High Court
Malti Devi vs Sk. Sirajul Islam & Others on 15 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 321 of 2014
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Malti Devi .... ..... Appellant
Versus
Sk. Sirajul Islam & Others ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mrs. Nirupama, Advocate.
For the Respondents :
........
06/15.01.2021.
Heard, learned counsel, Mrs. Nirupama on the instruction of
learned counsel for the appellant, Mr. Anil Kumar Sinha.
The claimant has preferred this appeal for enhancement of the
Award dated 27.07.2013 passed by learned Presiding Officer, Motor
Vehicles Accident Claims Tribunal, Ranchi in Compensation Case
No. 15/2002, whereby the claimant has been awarded compensation
to the tune of Rs. 6,48,900/- along with interest @ 6% per annum
from the date of settlement of issue i.e. 08.04.2011 till the date of
realization subject to deduction of payment made in compliance of
order passed under Section 140 of the Motor Vehicles Act, jointly
and severally from O.P. No.2 i.e. the New India Assurance Company
Limited and O.P. No.3, Arjun Singh, S/o Sri B. Singh resident of
Village- Mangaso, P.O. and P.S.- Raj Dhanwar, Dist- Giridih.
Learned counsel for the appellant has submitted that the appeal
has been preferred with a delay of 296 days and for condonation of
the same, I.A. No.5041/2014 has been preferred.
Learned counsel for the appellant has further submitted that
on 20.02.2018 Coordinate Bench of this Court has issued notice
upon the respondents. As per the service report, it appears that
respondent no.1 could not be traced out in person, valid S.R. of
respondent no.2 has been received and kept at flag-'V', respondent
no.3 could not be found as per service report at flag-'U' and service
report of respondent no.4 has not been received.
Learned counsel for the appellant has submitted that the
contesting respondents are the New India Assurance Company
Limited and Arjun Singh, S/o B. Singh, as such, their appearance is
necessary. Though notice has been issued upon Arjun Singh, but as
per service report he could not be found.
Learned counsel for the appellant has submitted that deceased
Rameshwar Ram being Assistant Teacher in Government School
died in unfortunate accident occurred on 20.07.2001 at about 9.00
A.M. while going to Raj Dhanwar by the trekker bearing registration
no. BEM-1743 and said trekker reached near Burjo More and
collided with a bus bearing registration no. WB-15-6666, which was
coming from opposite side. The deceased Rameshwar Ram sustained
injury and he was referred to Apollo Hospital Irba, Ranchi and
ultimately died on 08.08.2001 at the age of 47 years as his date of
birth mentioned in the service book as Exhibit-5 was 25.08.1954.
The deceased died leaving behind one dependent (widow) and the
learned Tribunal has wrongly computed the compensation to the
claimant.
Learned counsel for the appellant has submitted that in
paragraph-25 of the impugned judgment at internal page-9 running
page-26 of the brief, the salary of the deceased has been rightly
considered at the time of death to be Rs.8636/-, but learned Tribunal
has erroneously deducted 30% as the Income Tax, which was more
than what the income tax department has notified for the assessment
year 2001-2002.
Learned counsel for the appellant has further submitted that
future prospect of the deceased has not been considered, in view of
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 whereby 30% of actual salary
may be granted as future prospect.
Learned counsel for the appellant has further submitted that
on account of personal and living expenses 1/3rd has been rightly
deducted in view of the judgment passed by the Apex Court in the
case of Sarla Verma (Smt.) & Ors Vs. Delhi Transport Corporation
& Anr. reported in (2009) 6 SCC 121 (Para-30), but under the
conventional head less amount i.e. Rs. 20,000/-has been paid
(Rs.5,000/- towards loss of estate, Rs.5,000/- towards funeral
expenses and Rs.10,000/- towards loss of consortium), contrary to
the judgment passed by the Apex Court in the case of Pranay Sethi
(Supra) paragraph-59.8 whereby amount under the conventional
head ought to be Rs. 70,000/- i.e. Rs. 40,000/- for loss of consortium,
Rs. 15,000/- for funeral expenses and Rs. 15,000/- for loss of estate.
Learned counsel for the appellant has further submitted that
interest has been awarded @ 6 % per annum from the date of
settlement of issue i.e. 08.04.2011 till its realization, which is also
contrary to the Section 171 of the Motor Vehicles Act and 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), whereby interest at the rate of 7.5% per annum is to be
awarded from the date of filing of claim application till its realization
and unfortunate widow is sufferer.
Learned counsel for the appellant has further submitted that
because of non-appearance of the contesting respondents i.e. New
India Assurance Company Limited as well as Arjun Singh, S/o B.
Singh the matter is lingering since 2014.
Under the aforesaid circumstances, learned counsel for the
appellant is directed to serve two copies of memo of appeal upon Mr.
Manish Kumar, Advocate, who normally appears on behalf of New
India Assurance Company Limited within a period of two weeks
from today.
The office is directed to issue notice to respondent no.3
namely, Arjun Singh, S/o Sri B. Singh, resident of Village- Mangaso,
P.O. and P.S.- Raj Dhanwar, Dist- Giridih through the Officer-In-
Charge, Raj Dhanwar P.S. who is directed to execute bailable
warrant of arrest with two sureties of Rs. 5,000/- informing him that
even after issuance of notice upon him, the appeal is pending before
this Court, because of his non-appearance and that he must appear
before the Court by 15.02.2021.
The Superintendent of Police, Giridih is directed to look into
the matter and ensure the appearance of respondent no.3 namely,
Arjun Singh, S/o Sri B. Singh, resident of Village- Mangaso, P.O.
and P.S.- Raj Dhanwar, Dist- Giridih, before this court.
Put up this case in the monthly cause list of March, 2021.
(Kailash Prasad Deo, J.)
Sunil-Jay/-
