Krishna Singh vs M/S Chohan Travels
2021 Latest Caselaw 2191 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   [Civil Miscellaneous Appellate Jurisdiction]
                            M.A. No. 163 of 2018
         1.Krishna Singh
         2.Girja Devi                                 .... .. ...   Appellant(s)
                                    Versus
         1.M/s Chohan Travels
         2.M/S United India Insurance Co. Ltd.
         3. Sukhdeo Singh @ Sukhi                          .. ... ... Respondent(s)
                          ...........

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

For the Appellant(s) : Mr. Arvind Kumar Lall, Advocate.

      For the Resp. No.2              : Mr. G. C. Jha, Advocate
                          ..........
08/ 05.07.2021.    I.A. No.2674 of 2018

Learned counsel for the appellants/claimants has submitted that there is delay of 215 days in preferring the appeal and for condonation of the same, I.A. No.2674 of 2018 has been preferred before this Court.

Learned counsel for the appellants has submitted that the claimants have preferred the appeal for enhancement of the award with a delay of 215 days and the reasons has been assigned in the said Interlocutory Application, as such, delay of 215 days in preferring the appeal may be condoned.

Mr. G.C. Jha, learned counsel appearing for the Insurance Company/respondent no.2 has opposed the prayer and submitted that delay has not been properly explained.

Considering rival submission of the parties and considering it to be a benevolent legislation, the appeal preferred by the claimants with delay of 215 days is hereby condoned.

I.A. No.2674 of 2018 stands allowed and disposed of.

M.A. No.163 of 2018

Heard, learned counsel for the parties.

Mr. Arvind Kumar Lall, learned counsel for the claimants has submitted that claimants, 1.Krishna Singh, S/o Late Jagan Singh and 2.Girja Devi, W/o Krishna Singh, Both R/o Village Baliyari, P.O. & P.S. Mohanpur, District- Gaya have preferred this Misc. Appeal against the award dated 23.05.2017 passed by learned District Judge-IV-cum- Motor Vehicle Accident Claims Tribunal IV, Giridih in MV Claim Case No.42 of 1990 only on the limited ground that under the conventional head, less amount has been granted to the claimants as instead of Rs.70,000/- i.e.

Rs.15,000/- for loss of Estate, Rs.15,000/- for Funeral Expenses and Rs.40,000/- for loss of consortium, in view of the judgment passed by the Apex Court, National Insurance Company Ltd. vs, Pranay Sethi, reported in (2017) 16 SCC 680 at Para 59.8, only of Rs.20,000/- has been awarded by the learned Tribunal, as such, the same may be enhanced.

Mr. G.C. Jha, learned counsel for the respondent no.2/ Insurance Company has submitted that though amount of Rs.50,000/- has been paid less, in view of the judgment passed by the Apex Court in the Pranay Sethi (supra), but it is a case where the contributory negligence ought to have been considered by the learned Tribunal as the case of the claimants is that deceased (Mahendra Singh) was travelling on the roof of the bus taking his luggage as well as his employer, but the learned Tribunal has not considered the contributory negligence nor given right to recover in favour of the Insurance Company.

Mr. G. C. Jha, learned counsel for the Respondent No.2/Insurance Company -has further submitted that he has no knowledge as to whether the respondent No.-2, United India Insurance Company has preferred any appeal against the same impugned award or not?

Considering the rival submissions of the parties, looking into the facts and circumstances of the case and perused the office notes dated 02.07.2021, it appears that no analogous appeal is pending before this Court, as such, the ground which has been taken by the Insurance Company is not maintainable in view of the fact that Insurance Company (Respondent No.2) has not preferred any appeal for right of recovery and since amount of Rs.50,000/- has been paid less under the conventional head instead of Rs.70,000/- i.e. Rs.15,000/- for loss of Estate, Rs.15,000/- for Funeral Expenses and Rs.40,000/- for loss of consortium, as such, this Court is inclined to grant amount of Rs.50,000/- more under the conventional head to the claimants in view of the judgment of the Apex Court in the case of Pranay Sethi (Supra) at para 59.8 as the learned Tribunal has only granted Rs,20,000/-

Accordingly, the instant Misc. Appeal is hereby allowed with a direction to the appellant- United India Insurance Company Limited to pay Rs.50,000/- more which has been less awarded by the learned Tribunal in the impugned Award.

(Kailash Prasad Deo, J.) Sandeep/