Saiyum Bibi & Ors vs Sawalal Ansari & Ors
2021 Latest Caselaw 2599 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 & Ors.                                   ...... Appellants
                                  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 Appellants : Mr. Nikhil Ranjan, Advocate Mr. Abhishek Anand, Advocate For the Respondent no.3 : Mr. Ashutosh Anand, Advocate

05/Dated: 28/07/2021.

Heard, learned counsel for the appellants, Mr. Nikhil Ranjan and learned counsel for the respondent no.3, Mr. Ashutosh Anand. Learned counsel for the appellants, 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 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) 12 SCC 208. Under the aforesaid circumstances, let notice be issued to the owner/respondent no.1- Sawalal Ansari, S/o Nizamuddin Ansari, R/o 60, Karmatand, Baidmara, Bagodar, P.O. & P.S.- Harla, Sector 9, District- Bokaro [Owner of vehicle bearing Registration No.JH-09K-5173] 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.

The ordinary process be served upon the owner of the offending vehicle bearing Registration No.JH-09K-5173, after verifying the address from the District Transport Officer, if so required. Put up this case after service of notice.

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