Jharkhand High Court
Kanchan Devi Sharma & Others vs The National Insurance Company ... on 15 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 316 of 2014
........
Kanchan Devi Sharma & Others .... ..... Appellants
Versus
The National Insurance Company Limited & Anr.
..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Birendra Kumar, Advocate.
For the Respondent No. 2 : Mr. Manoj Kumar No.2, Advocate.
........
05/15.01.2021.
The claimants are the appellant before this Court.
They have preferred this appeal for enhancement of the Award
dated 03.07.2014 passed by learned District Judge-IX-cum-M.A.C.T.
Judge, Dhanbad in Title (M.V.) Suit No. 214/2006, whereby
claimants, wife, Smt. Kanchan Devi Sharma, minor sons, Vinay
Sharma and Vivek Sharma and mother Smt. Gunjari Devi Sharma
have been awarded compensation to the tune of Rs. 6,00,000/- along
with interest @ 6% per annum under Section 166 of the Motor
Vehicles Act from the date of filing of the case till the date of
payment.
Learned counsel for the appellants, Mr. Birendra Kumar has
submitted that defendant no. 2 / respondent no.1, the National
Insurance Company Limited has been directed to indemnify the
award. Copy has already been sent to the office of National
Insurance Company Limited on 19.11.2015 in compliance of the
order passed by this Court. However, till date National Insurance
Company Limited has not appointed any lawyer to represent the case
on their behalf.
Learned counsel, Mr. Manoj Kumar No.2 has submitted that
he represents respondent no.2 namely, Dhananjay Kumar Singh,
owner of Truck bearing registration no. JH-02D-6666, which was
duly insured before National Insurance Company Limited on the
alleged date occurrence.
Learned counsel for the appellants, Mr. Birendra Kumar has
submitted that enhancement appeal has been preferred on four
grounds:- (i) under the heading of personal and individual expenses,
the learned Tribunal has deducted 1/3rd instead of 1/4th as the
dependent comprises of four persons, (ii) the future prospect of the
deceased has not been considered though the deceased was a
principal in private school and as such, in the case of Kirti & Anr.
etc. Vs. Oriental Insurance Company Ltd. decided the issue in Civil
Appeal Nos.19-20 of 2021 on 05.01.2021 as well as National
Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in
(2017) 16 SCC 680 paragraph-59.4 as the deceased died at the age of
32 years 40% future prospect may be granted (iii) under the
conventional head the learned Tribunal has granted only Rs. 10,000/-
i.e. Rs.2,500/- towards loss of estate, Rs.2,500/- towards funeral
expenses and Rs.5,000/- towards loss of consortium, which is
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 and (iv) interest has been given @ 6% per annum,
which ought to have been given @ 7.5% per annum in view of 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), as such, the appeal may be allowed by enhancing the
award.
It appears that National Insurance Company Limited has not
appointed any counsel.
Considering the same, appellants is directed to serve two
copies of memo of appeal upon Mr. Alok Lal, Advocate, who
normally appears on behalf of National Insurance Company Limited.
Let this case be listed after four weeks.
(Kailash Prasad Deo, J.)
Sunil-Jay/-
