Jharkhand High Court
Gulam Mustafa & Another vs Mahindra Yadav & Others on 19 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 248 of 2018
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Gulam Mustafa & Another .... ..... Appellants
Versus
Mahindra Yadav & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
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For the Appellants : Mr. Prabhash Ch. Sinha, Advocate.
For the Respondent No.2 : Mr. Ashutosh Anand, Advocate.
........
04/19.07.2021.
Heard, learned counsel for the appellants, Mr. Prabhash Ch.
Sinha and learned counsel for the Insurance Company, Mr.
Ashutosh Anand.
The appellants have preferred this appeal for enhancement of
the award dated 26.02.2018 passed by learned District Judge-III-
cum-P.O., M.A.C.T., Giridih in Motor Accident Claim Case
No.21/2011, whereby the claimants namely, Gulam Mustafa and
Sarima Khatoon have been awarded compensation to the tune of
Rs.5,23,600/- along with interest @ 7% per annum from the date of
filing of the claim till its realization. However, the amount if any
paid under Section 140 of the Motor Vehicles Act shall be deducted
from the compensation amount.
Learned counsel for the appellants, Mr. Prabhash Ch. Sinha
has submitted that income of the deceased has been considered on
the lower side as deceased was a mason and the accident took place
on 14.07.2010, but the learned Tribunal has considered the income
of the deceased as Rs.3,000/- per month, though in absence of any
documentary evidence, the Apex Court in the case of Chameli Devi
Vs. Jivrail Mian reported in 2019 (4) TAC 724 SC, has considered
the income of the deceased, who lost his life on 02.01.2001 and was
a carpenter to be Rs.5,000/-, but in the present case, the income of
the deceased, who lost his life on 14.07.2010, has been considered
by the learned Tribunal on the lower side, which ought to have been
atleast Rs.6,000/- per month even considering the minimum wages
notified by the Government of Jharkhand.
Learned counsel for the appellants has further submitted that
interest has been awarded by the learned Tribunal @ 7% per
annum, which ought to have been @ 7.5% per annum, in view of
the 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).
Learned counsel for the appellants has further submitted that
copy has already been served upon the counsel for the Insurance
Company, who have been given right to recover.
Learned counsel for the Shriram General Insurance
Company, Mr. Ashutosh Anand has submitted that since there is
every likelihood of enhancement of the award and the right of
recovery has been granted in favour of the Insurance Company, as
such, it would be proper, if this Court may issue notice to the owner
so as to enhance the compensation in his presence.
Under the aforesaid circumstances, let notice be issued to the
respondent no. 1 namely, Mahindra Yadav, S/o Raman yadav R/o-
At- Bhangakuthi, Badsahi Road, Burdwan, P.O., P.S. & District -
Burdwan, West Bengal -713103, owner of the vehicle bearing
registration No. WB-41E-0251 (Bolero Maxi Truck), under both
process i.e. under registered cover with A/D as well as under
ordinary process, for which requisites etc. must be filed with a
period of two weeks.
The notice under ordinary process be served upon the owner
after verifying the present and correct address, if so required from
the concerned District Transport Officer.
Let the appeal be listed after service of notice.
(Kailash Prasad Deo, J.)
Sunil-Jay/-
