Jharkhand High Court
Md. Ishak vs Satish Kumar on 16 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 544 of 2015
Md. Ishak..................... Appellant(s)
Versus
1. Satish Kumar
2. M/s Oriental Insurance Company, Ranchi.........Respondents
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Coram: Hon'ble Mr. Justice Ananda Sen
Through:- Video Conferencing
......
For the Appellants : Mr. Sudhir Kumar Sharma, Advocate
For the Insurance Company : Mr. Prabhat Kr. Sinha, Advocate
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5/16.06.2021 The lawyers have no objection with regard to the proceeding,
which has been held through video conferencing today at 11.00 A.M. They
have no complaint in respect to the audio and video clarity and quality.
Heard learned counsel for the appellant and learned counsel for
the insurance company.
This is an application for enhancement of the compensation
amount, which has been awarded by the Motor Vehicle Accident Tribunal,
Hazaribagh vide judgment and award dated 24.08.2015.
Counsel for the appellant submits that this is the case of injury
where the right hand of the injured from shoulder has been amputed. He
submits that the disability has been assessed 55%, which is much on the
lower side. He further submits that the multiplier corresponding to the age
of the injured should have been 18, but the Tribunal has assessed the
same as 17. He further submits that on account of future loss only Rs. 1
lakh was granted. He further submits that so far as the interest is
concerned, the amount of interest has been awarded only from the date of
the award. He further submits that the injured was a driver and was
earning Rs. 4000/- P.M., but the Tribunal without any basis has assessed
the income at Rs. 3000/- P.M.
Mr. Prabhat Kr. Sinha, learned counsel appearing for the
insurance company submits that there is no document to suggest that the
injured was driver by profession. He submits that there is nothing on
record to suggest that the injured was earning Rs. 4000/- P.M. Neither the
employer nor any certificate issued by him was produced before the
Tribunal. He submits that the Chief Medical Officer-cum-Civil Surgeon,
Hazaribagh has intimated that the permanent disability is to the tune of
55%. He further submits that there is no illegality in the award.
After hearing the parties and on going through the record, I find
that the accident is admitted so is the factum of insurance. The only
dispute is as to what would be the just and fair compensation. The
Tribunal has awarded Rs. 5,64,529/- as compensation. In this case, I find
that the injured had lost his right hand. He was a driver, as per the
statement of the claimant. The driving license was produced which suggest
that he has a valid license to drive light motor vehicles. There is nothing
on record to suggest that he was a driver by profession. No person has
been produced to depose before the court to the effect that the injured was
driving his vehicle as driver and/or the injured was employed by him.
There is nothing to suggest that as to what was the income of the injured.
It be noted that the accident had taken place while the injured was taking
his relatives to attend a religious function. The Tribunal has assessed the
future loss at 55% of the annual income.
This Court is of the view that when the right hand of the injured
has been amputed from the shoulder, the loss of future income could not
have been assessed at 55%, rather 75% would have been the correct
percentage of loss. So far as the annual income is concerned, I am not
inclined to interfere with the finding of the Tribunal as the same is based
on the cogent conclusion.
So far as the multiplier is concerned, this Court feels that the
correct multiplier of 17 has been applied. Thus there would be only
enhancement of future income, which would be 75% of Rs. 36000/-,
which will come to Rs. 27000/-. Multiplying the same by 17, the amount
will come to Rs. 4,59,000/-.
Thus, according to this Court, Rs, 4,59,000/- would be the just
an fair compensation. Keeping the other components same, as assessed by
the Tribunal, the total amount comes to Rs. 6,86,929/-. The Tribunal has
awarded compensation to the tune of Rs. 5,64,529/-. Thus, the balance
amount of Rs. 1,22,400/- has to be paid by the insurance company to the
claimant. The balance amount of Rs. 1,22,400/- will also carry an interest
at the rate of 7% P.A. from the date of award, i.e. 24.08.2015, till payment.
It is expected that the balance amount alongwith the interest
should be paid to the claimant within a period of two months from today.
Thus, this appeal is allowed to the aforesaid extent.
(Ananda Sen, J)
Mukund/-cp. 2
