Jharkhand High Court
Monalisha Banerjee & Anr vs Ishaan Salhotra & Ors on 14 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 118 of 2018
.........
Monalisha Banerjee & Anr. ..... Appellants
Versus
Ishaan Salhotra & Ors. ........ Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
For the Appellant(s) : Mr. Amit Kumar Das, Advocate
Ms. Swati Shalini, Advocate
For the Respondent no.2 : Mr. Alok Lal, Advocate
..........
07/Dated: 14/07/2021.
Heard, learned counsel, Mr. Amit Kumar Das assisted by learned
counsel for the appellants, Ms. Swati Shalini and learned counsel for the
respondent no.2- Mr. Alok Lal.
Learned counsel for the appellants, Mr. Amit Kumar Das has
submitted that the computation of compensation has been done on the
lower side ignoring the principle laid down by the Apex Court in the case
of National Insurance Company Ltd. vs, Pranay Sethi, reported in (2017)
16 SCC 680 at Para 59.3 whereby only the tax component has to be
deducted from the gross income of the deceased, but in the case in hand
the learned Tribunal has considered less income of the deceased though
the income of the deceased has been brought on record as Exhibits-8, 9, 10
and 11 to Exhibit-11/9.
Learned counsel for the appellants has further submitted that there is
delay of 16 days in preferring the appeal and for condonation of the same,
I.A. No.1491 of 2020 has been filed, as such, delay of 16 days in preferring the
appeal may be condoned.
Learned counsel for the respondent no.2, Mr. Alok Lal has submitted
that it is an appeal preferred by the claimants for enhancement of the award
though the award has been assessed to the tune of Rs.92,50,000/- along with
interest @ 6% per annum from the date of filing of the claim application till
the payment of the amount.
Learned counsel for the respondent no.2 has further submitted that this
amount has already been satisfied to the claimants vide two cheques dated
01.02.2018 and claimants received the same without any protest, but the
claimants have preferred the present appeal before the High Court on
10.03.2018 for enhancement of the award.
Learned counsel for the appellants, Mr. Amit Kumar Das has
submitted that even after receiving the amount, if the compensation is not
just and fair, considering the age, income and liability of the deceased, the
claimants have every right to prefer an appeal and there is no estoppel under
law against the claimants for not preferring the appeal for enhancement of
the award.
Learned counsel for the appellants has also raised the issue with regard
to the interest, which has been granted @ 6% per annum contrary to the
judgment passed by the Apex Court in the case of Dharampal & Sons Vs.
U.P. State Road Transport Corporation, reported in (2008) 4 JCR 79 SC.,
which ought to be @ 7.5% per annum.
It appears that no counter-affidavit has been filed in limitation matter,
accordingly the limitation petition is hereby allowed in a benevolent
legislation being satisfied with the reason given by the claimants.
I.A. No.1491 of 2020 stands allowed.
Let the LCR be called for.
Parties are at liberty to mention the case after taking consent of other
side.
(Kailash Prasad Deo, J.)
R.S.
