Jharkhand High Court
Runiya Bibi & Others vs Naresh Goswami & Others on 5 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 142 of 2014
........
Runiya Bibi & Others .... ..... Appellants
Versus
Naresh Goswami & Others
.... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Arvind Kumar Lall, Advocate
For the Respondent No.3 : Mr. Basav Chatterjee, Advocate
For the Respondent No.4 : Mr. Pran Pranay, Advocate
........
12/05.01.2021.
The claimants namely, (1) Runiya Bibi, (2) Hasina Bano, (3)
Furkan Ansari, (4) Sahnaz Khatoon, (5) Mehnaz Khatoon, (6) Sajda
Khatoon, (7) Ibrahim Miya and (8) Surtan Bibi being claimants are the
appellants before this Court and they have preferred this appeal for
enhancement of the award dated 25.01.2014 passed by learned District
Judge -cum- Motor Claims Tribunal Court No.III, Giridih in Title (M.V.)
Suit No.34/2009 whereby the National Insurance Company Limited has
been directed to pay compensation to the claimants to the tune of
Rs.5,50,000/- along with interest @ 9% per annum from the date of award
till its realization.
Learned counsel for the appellants, Mr. Arvind Kumar Lall has
assailed the impugned award for enhancement on the ground that deceased
Yunus Ansari, who was sitting on his standing unregistered Hero Honda
C.D. Down motorcycle was dashed by Hero Honda Splendour motorcycle
bearing registration No. JH11E-4042 on 13.03.2009 at about 3.00 P.M. due
to which he succumbed to the injury within few hours.
Learned counsel for the appellants has submitted that National
Insurance Company Limited being insurer of the offending vehicle bearing
registration No. JH11E-4042 has been directed by the learned Tribunal to
pay the compensation.
Learned counsel for the appellants has further assailed the
impugned award for enhancement on the ground that learned Tribunal has
considered the income of the deceased Yunus Ansari a painter by
profession as Rs.4,000/- per month against their claim of Rs.6,000/- per
month, the future prospect of the deceased, who was self employed and
died at the age of 30 years has not been calculated by the learned Tribunal,
which ought to have been paid @ 40 % in view of the judgment passed by
Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs.
Pranay Sethi and Ors. reported in (2017) 16 SCC 680, paragraph-59.4.
The learned Tribunal has only awarded Rs.10,000/- under the conventional
head, which is contrary to the judgment passed by the Hon'ble Apex Court
in the case of Pranay Sethi (Supra), paragraph-59.8, whereby the amount
should have been Rs.70,000/- i.e. Rs.15,000/- for loss of estate,
Rs.40,000/- for loss of consortium and Rs.15,000/- for funeral expenses.
The interest has been awarded from the date of award not from date of
filing of the application in view of Section 171 of the Motor Vehicles Act
coupled with the judgment passed by the Hon'ble Apex Court in the case
of Dharampal and Sons Vs. U.P. State Road Transport Corporation
reported in 2008 (4) JCR 79 (SC).
Learned counsel for the Insurance Company, Mr. Basav Chatterjee
has submitted that this case may be posted in the next week so as to verify
the fact from the office of Insurance Company.
Learned counsel, Mr. Pran Pranay has submitted that he is
appearing on behalf of the respondent no.4.
Considering such submissions, let the matter be listed on
12.01.2021 so as to give an opportunity to learned counsel, Mr. Basav
Chatterjee to verify the facts, as the matter relates to enhancement and the
Miscellaneous Appeal has been filed in the year, 2014.
Put up this case on 12.01.2021 under the heading "For Hearing" as
the appeal has already been admitted on 04.07.2018.
(Kailash Prasad Deo, J.)
Jay/-
