Najmun Bibi vs Sutuk Sutradhar
2021 Latest Caselaw 2127 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      [Civil Miscellaneous Appellate Jurisdiction]
                             M.A. No. 276 of 2020
        1.Najmun Bibi
        2.Sajmun Khatun
        3.Jahatun Khatun
        4.Meraj Ansari
        5.Arman Ansari
        6.Jasmin Khatun                                 .... .. ...   Appellant(s)
                                   Versus
        1.Sutuk Sutradhar
       2.M/s I.C.I.C.I. Lombard General Insurance Company Ltd.... ... Respondent(s)
                          ...........

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

For the Appellant(s) : Mr. Rajiv Kr. Karan, Advocate.

      For the Respondent(s)           :
                          ..........

05 / 30.06.2021. Heard, learned counsel for the appellants/claimants.

The claimants/appellants have preferred this Misc. Appeal against the Award dated 20.03.2020 passed by learned District Judge-XII-cum- MACT Judge, Dhanbad in Motor Accident Claim Case No.146 of 2018.

Mr. Rajiv Kr. Karan, learned counsel for the appellants/claimants while assailing the impugned Award has submitted that the learned Tribunal has considered the less income of the deceased contrary to the material brought on record which has been marked as Exhibit-1 and the same has been supported by the person who has issued the same.

Mr. Rajiv Kr. Karan, learned counsel for the appellants/claimants has further submitted that rate of interest @6% per annum has been granted by the learned Tribunal from the date of filing of the claim application i.e. 27.06.2018 which is contrary judgment passed by the Apex Court in the case of Dharmpal and Sons vs. U.P. State Road Transport Corporation, reported in 2008(4) JCR 79 SC and the same should be @7.5% per annum.

Mr. Rajiv Kr. Karan, learned counsel for the appellants/claimants has further submitted that copy of the memo of appeal and all the necessary documents have already been served to Mr. Bibhash Sinha, learned counsel who normally appears for the respondent No.2- M/s I.C.I.C.I. Lombard General Insurance Company Ltd.

Considering the same, put up this appeal on 05.07.2021.

Office is directed to reflect the name of Mr. Bibhash Sinha, learned counsel for the respondent No.2- M/s I.C.I.C.I. Lombard General Insurance Company Ltd. in the Cause List.

      Sandeep/                                                        (Kailash Prasad Deo, J.)