Jharkhand High Court
National Insurance Company ... vs Rajesh Karmali & Others on 22 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 39 of 2020
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National Insurance Company Limited .... ..... Appellant
Versus
Rajesh Karmali & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Pratyush Kumar, Advocate.
For the Respondents :
........
03/22.06.2021.
Heard, learned counsel for the appellant, Mr. Pratyush Kumar.
National Insurance Company Limited has preferred this appeal
against the award dated 31.08.2019 passed by learned District Judge-II-cum-
Presiding Officer, Motor Accident Claim Tribunal (MACT), Bermo at
Tenughat in Motor Accident Claim Case No. 141/2018, whereby the
claimants namely, Rajesh Karmali and Asha Devi, who lost their son Prakash
Karmali, aged about 20 years, have been awarded compensation to the tune
of Rs. 13,40,800/- along with interest @ 7 % per annum from the date of
filing of this claim petition i.e. since 19.12.2018 till realization of the same,
including Rs.50,000/- paid under Section 140 of the Motor Vehicle Act. The
learned Tribunal has also granted right to recover compensation amount
from the owner / O.P. No.1, Subhash Chandra Singh as there is a violation of
terms and condition of the policy.
Learned counsel for the appellant has submitted that income of the
deceased has been considered on higher side to be Rs. 9,000/- per month,
without any documentary evidence brought on record.
From perusal of the impugned award, it appears that while deciding
Issue No. VI, the learned Tribunal has considered that deceased was working
in Vinayak Pharmaceutical Company, Main Road, Ranchi and was earning a
sum of Rs.9,000/- per month. The nature of job was regular private job. No
contrary evidence has been brought on record by the Insurance Company to
contradict the monthly income of the deceased.
Since the future prospect has already been granted, this Court finds
that there is no reason to interfere in the impugned award as claimants have
claimed Rs.9000/- income of the deceased from Pharmaceutical
Company and there is no contrary evidence brought on record by the
Insurance Company.
Further, from perusal of the impugned award calculated at para-11, it
appears that learned Tribunal has not considered the loss of consortium
in view of judgment passed by the Hon'ble Apex Court in the case of
National Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in
(2017) 16 SCC 680 (Para-59.8) and thus Rs.40,000/- has not been paid to
the claimants though the deceased was unmarried, but the claimants are
entitled under the filial consortium atleast.
As no appeal has been preferred by claimant for enhancement of the
Award, as such, in view of judgment passed by Apex Court in the case of
Ranjana Prakash & Others Vs. Divisional Manager & Another reported in
2011 (14) SCC 639. Para-8 of which is profitably quoted hereunder:-
"8. Where an appeal is filed challenging the quantum of
compensation, irrespective of who files the appeal, the
appropriate course for the High Court is to examine the facts and
by applying the relevant principles, determine
the just compensation. If the compensation determined by it is
higher than the compensation awarded by the Tribunal, the High
Court will allow the appeal, if it is by the claimants and dismiss
the appeal, if it is by the owner/insurer. Similarly, if the
compensation determined by the High Court is lesser than the
compensation awarded by the Tribunal, the High Court will
dismiss any appeal by the claimants for enhancement, but allow
any appeal by the owner/insurer for reduction. The High Court
cannot obviously increase the compensation in an appeal by the
owner/insurer for reducing the compensation, nor can it reduce
the compensation in an appeal by the claimants seeking
enhancement of compensation."
Accordingly, the Miscellaneous Appeal is hereby dismissed.
The statutory amount deposited by the Insurance Company shall be
remitted to the learned Tribunal by learned Registrar General of this Court
within a period of four weeks from today, so as to disburse the same to the
claimants after due notice and verification.
It is expected that balance amount of Award shall be indemnified by
the Insurance Company within a reasonable period as the accident is of dated
27.11.2018.
(Kailash Prasad Deo, J.)
Sunil-Jay/-
