Jharkhand High Court
National Insurance Co. Ltd vs Milwa Devi & Others on 20 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 02 of 2021
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National Insurance Co. Ltd. .... ..... Appellant
Versus
Milwa Devi & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Alok Lal, Advocate.
For the Respondents :
........
03/20.07.2021.
Heard, learned counsel for the appellant, Mr. Alok Lal.
The National Insurance Co. Ltd. has preferred this appeal against
the award dated 28.02.2020 in MACC No.114/2018 passed by learned
District Judge-II-cum-P.O., M.A.C.T., Bermo at Tenughat, whereby the
claimants namely, (1) Milwa Devi (2) Manoj Kumar yadav (3) Binod
Gope have been awarded compensation to the tune of Rs.76,96,690/-
along with interest @ 7% per annum from the date of filing of the claim
petition i.e. since 11.10.2018 to be paid within two months.
Learned counsel for the appellant, Mr. Alok Lal has assailed the
impugned award on the ground that income has been wrongly considered
by the learned Tribunal. The component of bonus, the component of
holiday encashment or the component of conveyance cannot be
considered in the income. He has further submitted that since the annual
income is to the tune of Rs.10,05,708/-, as such, the income tax
deduction ought to have been 30%, which the learned Tribunal has only
reduced to the tune of 10%, which is contrary to the judgment passed by
the Apex Court in the case of National Insurance Company Ltd. Vs.
Pranay Sethi and Ors. reported in (2017) 16 SCC 680, (para-59.3).
Learned counsel for the appellant has further submitted that I.A.
No.2898/2021 has been filed under Order XLI Rule 5(5) of the CPC for
grant of stay in Execution Case No.16/2020 pending in the court of
learned District Judge-II-cum-Presiding Officer, Motor Accident Claims
Tribunal, Bermo at Tenughat for realisation of against the judgment
/award dated 28.02.2020 passed in Motor Accident Claim Case
No.114/2018.
Learned counsel for the appellant has further submitted, that
Insurance Company has not preferred appeal against the owner of the
offending vehicle and the appeal is only with regard to the quantum of
compensation against claimant.
Under the aforesaid circumstances, let notice be issued to the
claimants namely, (1) Milwa Devi (2) Manoj Kumar Yadav and (3) Binod
Gope under both process i.e. under registered cover with A/D as well as
under ordinary process, for which requisites etc. mast be filed with a
period of two weeks.
However, the appellant is directed to deposit a sum of
Rs.40,00,000/- along with interest @ 7% per annum through cheque in
the name of the claimants before the learned Tribunal and the balance of
the awarded amount as awarded by the learned Tribunal shall be
deposited by another cheque along with interest @ 7% per annum before
the learned Tribunal and the same will remain under the Fixed Deposit
scheme, so as to fetch the interest so that at the time of disposal of the
appeal, neither the Insurance Company may suffer nor the claimants may
suffer with financial liabilities because of the interest.
So far the first cheque of Rs.40,00,000/- along with interest @ 7%
per annum is concerned, the same shall be disbursed by the learned
Tribunal to the claimants after due notice and verification.
However, before disbursal of that amount, the learned Tribunal shall
take an affidavit from the claimants that they have already appeared in
Miscellaneous Appeal No.02/2021, pending before the High Court of
Jharkhand.
If such amount is deposited before the learned Tribunal within 60
days from today, the Executing Court shall not proceed in the Execution
Case No.16/2020, failing which the Executing Court is at liberty to
proceed in accordance with law.
I.A. No.2898/2021 is disposed of.
Let the appeal be listed after service of notice.
(Kailash Prasad Deo, J.)
Sunil-Jay/-
