Lilo Mahato vs Smt. Anju Kumari
2021 Latest Caselaw 2545 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       [Civil Miscellaneous Appellate Jurisdiction]
                             M.A. No. 251 of 2020
         Lilo Mahato                                     .... .. ...     Appellant(s)
                                     Versus
        1.Smt. Anju Kumari, W/o Rajendra Prasad Mahato
        2.Ritu Raj, S/o Rajendra Prasad Mahato
       Both residents of Village Narkopi, P.O.- Dumdumi, P.S.Topchanchi,
       District- Dhanbad.                                     .. ... ... Respondent(s)
                          ...........

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

      For the Appellant(s)            :    Mr. Alok Lal, Advocate
      For the Respondent(s)           :
                          ..........

04 / 26.07.2021. Heard, learned counsel for the appellant-owner.

Mr. Alok Lal, learned counsel for the appellant has submitted that owner of the offending vehicle, Hero Honda Motor Cycle, bearing Registration No.JH10V 6884 has preferred this appeal assailing the impugned Award/judgment dated 27.05.2020 passed by learned District Judge-I-cum- Addl. Motor Accident Claims Tribunal, Dhanbad, whereby the claimants, Smt. Anju Kumari and Ritu Raj have been awarded compensation to the tune of Rs.28,21,554/- to be paid within one month from the Award, failing which, he shall have to pay simple interest @9% on the same from the date of award till realization of the amount.

Mr. Alok Lal, learned counsel for the appellant has further submitted that as per the claim application, Rajendra Prasad has sustained injury and he went on Coma and thereafter the claim application has been preferred by his wife, Smt. Anju Devi and son, Ritu Raj, but no evidence has been brought on record with regard to injury sustained by injured, Rajendra Prasad who went in Coma nor medical evidence has been brought on record, as such, excessive amount of compensation has been awarded in favour of the claimants contrary to the judgment passed by the Apex Court in the case of Raj Kumar vs. Ajay Kumar, reported in (2011) 1 SCC 343 as well as judgment passed by the Apex Court in the case of Kajal vs. Jagdish Chand and Ors, reported in (2020) 4 SCC 413.

Considering the same, let notice be issued to all the respondents i.e. Respondent No.1 [Smt. Anju Kumari, W/o Rajendra Prasad Mahato] and Respondent No.2 [Ritu Raj, S/o Rajendra Prasad Mahato], both residents of Village Narkopi, P.O.- Dumdumi, P.S.Topchanchi, District- Dhanbad, under both process i.e. under Registered Cover with A/D as well as under ordinary process, for which requisites etc., must be filed within two weeks.

Put up this case after service of notice.

      Sandeep/                                                         (Kailash Prasad Deo, J.)