Saiyum Bibi vs Sawalal Ansari & Ors
2021 Latest Caselaw 2465 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Civil Miscellaneous Appellate Jurisdiction)
                                  M.A. No. 250 of 2019
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       Saiyum Bibi                                          ...... Appellant
                                  Versus
       Sawalal Ansari & Ors.                                ......Respondents
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO Through:- Video Conferencing

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For the Appellant : Mr. Nikhil Ranjan, Advocate For the Respondents : Mr. Ashutosh Anand, Advocate Ms. Rishi Bharti, Advocate

04/Dated: 20/07/2021.

Heard, learned counsel for the appellant, Mr. Nikhil Ranjan and learned counsel for the respondent no.3, Mr. Ashutosh Anand assisted by learned counsel, Ms. Rishi Bharti.

Learned counsel for the appellant, Mr. Nikhil Ranjan has submitted that claimants, namely, 1.Saiyum Bibi, 2.Jilani Ahmad and 3.Minhaz Ansari have preferred this appeal for enhancement of the award dated 05.03.2019, passed by learned District Judge-II-cum-Motor Accident Claims Tribunal, Bokaro, in Motor Accident Claim Case No.107 of 2017, whereby the compensation has been awarded on the lower side to the claimants to the tune of Rs.3,56,008/- along with interest @ 6% per annum. The learned Tribunal has committed error in considering the income of the deceased, who was a tailor master and was earning Rs.14,000/- per month. Learned Tribunal has granted interest @ 6% 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 & Sons Vs. U.P. State Road Transport Corporation, reported in (2008) 4 JCR 79 SC. Learned counsel for the Insurance Company has submitted that deceased was aged about 60 years, as such, future prospect has not been granted and seeks one week's time to take instruction from the respondent- Insurance Company i.e. Royal Sundaram General Insurance Co. Ltd. Put up this case on 28.07.2021.

(Kailash Prasad Deo, J.) R.S.