Jharkhand High Court
Jamendra Kumar Singh @ Khaderan ... vs Rang Lal Barik & Another on 27 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 278 of 2019
........
Jamendra Kumar Singh @ Khaderan Singh & Another
.... ..... Appellants
Versus
Rang Lal Barik & Another .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Rajiv Kumar Karan, Advocate.
For the Respondent No. 2: Mr. Mukesh Kumar Dubey, Advocate.
........
04/27.07.2021.
Learned counsel for the appellants, Mr. Rajiv Kumar Karan
has submitted that the claimants namely, (1) Jamendra Kumar Singh
@ Khaderan Singh and (2) Pramila Devi have preferred this
enhancement appeal against the impugned award dated 21.08.2018
passed by learned District Judge-cum-Motor Accident Claim
Tribunal, Court No. XVI, Dhanbad in M.A.C. No. 18/2017, whereby
claimants have been awarded compensation to the tune of Rs.
6,34,800/- along with interest @ 6% per annum from the date of
filing till its realization within two months from the date of passing
of award.
Learned counsel for the appellants has submitted that deceased
Sunny Singh, son of Jamendra Kumar Singh lost his life in motor
accident caused by Tank Lory bearing registration no. WB-29A-8945
having valid Insurance Policy of United India Insurance Company
Limited vide Insurance Policy No. 0317003116P211863414 valid
from 10.12.2016 to mid night 09.12.17 and the accident took place
on 10.12.2016.
Learned counsel for the appellants has submitted that the
deceased was aged about 24 years and he was running a Grocery
Shop and he was holding agency of Sudha Milk Parlour and earning
Rs. 500/- per day, but the learned Tribunal has wrongly considered
the income of the deceased to the tune of Rs. 4,000/- per month,
which is meagre in comparison to income claimed by the appellants
though no documentary evidence has been brought on record.
Learned counsel for the appellants has submitted that so far
amount under the heading of conventional head is concerned, Rs.
15,000/- has been paid under the heading loss of estate and Rs.
15,000/- has been paid under the heading funeral expenses, but no
amount has been paid for loss of consortium, which ought to have
been paid for loss of filial consortium, as father and mother have lost
their child, as such the same may be given in view of the judgment
passed by the Apex Court passed in the case of National Insurance
Company Ltd. Vs. Pranay Sethi and Ors. reported in (2017) 16
SCC 680 (Para-59.8).
Learned counsel for the appellants has further submitted that
interest has been granted @ 6% per annum and to make it consistent,
relying upon the judgment of the Apex Court passed in the case of
Dharampal and Sons Vs. U.P. State Road Transport Corporation
reported in 2008 (4) JCR 79 (SC) and Section 171 of the Motor
Vehicles Act, learned counsel for the appellants has submitted that
interest ought to have been granted @ 7.5% per annum from the date
of filing of the claim application.
It appears that notice has not been issued to the United India
Insurance Company Limited.
Appellants are directed to serve two copies of memo of appeal
along with impugned award as well as limitation petition i.e. I.A. No.
1184/2020 upon learned counsel, Mr. Mukesh Kumar Dubey, who
appears on behalf of United India Insurance Company Limited by
30.07.2021.
Put up this appeal in the next week.
Office is directed to delete the name of learned counsel, Mr.
Alok Lal from cause list by substituting the name of learned counsel
Mr. Mukesh Kumar Dubey on behalf of respondent - United India
Insurance Company Limited.
(Kailash Prasad Deo, J.)
Sunil-Jay/-
