Rasida Bibi @ Rashida Bibi vs Md. Yusuf Ansari & Anr
2021 Latest Caselaw 2434 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                     [Civil Miscellaneous Appellate Jurisdiction]
                            M.A. No. 260 of 2019
        1.Rasida Bibi @ Rashida Bibi, W/o Late Faruk Shaikh
        2.Sokhina Bibi, W/o Late Tufani Shaikh (Mother of the deceased)
        3.Jani Shaikh, S/o Late Faruk Shaikh
        4.Samir Shekh, S/o Late Faruk Shaikh
        5.Neha Khatun, D/o Late Late Faruk Shaikh
                                                       .... .. ...          Appellant(s)
                                     Versus
        Md. Yusuf Ansari & Anr.                                  .. ... ... Respondent(s)
                          ...........

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

For the Appellant(s) : Md. Yasar Arafat, Advocate.

      For the Respondent(s)           :
                          ..........

04 / 20.07.2021. Heard, learned counsel for the claimants/appellants- Md. Yasar Arafat.

Md. Yasar Arafat, learned counsel for the appellants has submitted that the claimants, 1.Rasida Bibi @ Rashida Bibi, 2. Sokhina Bibi, 3. Jani Shaikh, 4. Samir Shekh and Neha Khatun have preferred the instant Misc. Appeal against the Award/judgment dated 22.02.2019 passed by learned District Judge-I, cum- MACT, Pakur, in Motor Vehicle Accident Claim Case No.01 of 2018, whereby, the O.P. No.2 (Royal Sundaram Alliance Insurance Company Limited) was directed to pay the entire amount of compensation as Rs.12,04,000/- along with interest @7% within a period of 30 days by getting prepared a Demand Draft to the claimants.

Md. Yasar Arafat, learned counsel for the appellants has further submitted that the income of the deceased has been considered on the lower side as Rs.6,000/- per month. He has further submitted that the deceased died at the age of 34 years, but the learned Tribunal has considered it to be 36 years and wrong multiplier has been used though Future Prospect and amount under conventional head have rightly been considered by the learned Tribunal.

Md. Yasar Arafat, learned counsel for the appellants has further submitted that interest has been awarded @7% per annum which ought to be @7.5% per annum from the date of filing of claim application till its realization 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 and in view of Section 171 of M.V. Act.

Considering the same, let notice be issued to the respondent No.2- Royal Sundaram Alliance Insurance Company Ltd.

Let two copies of memo of appeal, impugned Award and other relevant documents be handed over to Mr. Ashutosh Anand, learned counsel who normally appears for Royal Sundaram Alliance Insurance Company Ltd. within this week.

Let name of learned counsel, Mr. Ashutosh Anand be reflected in the Cause List on behalf of respondent No.2- Royal Sundaram Alliance Insurance Company Ltd.

(Kailash Prasad Deo, J.) Sandeep/