Jodhni Devi & Others vs Sanjay Kumar & Anr
2021 Latest Caselaw 1310 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 110 of 2018
                           ........

Jodhni Devi & Others .... ..... Appellants Versus Sanjay Kumar & Anr. .... ..... Respondents

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

For the Appellants : Mr. Arvind Kumar Lall, Advocate.

For the Respondents             :
                                ........
05/16.03.2021.

Heard, learned counsel for the appellants, Mr. Arvind Kumar Lall. The claimants have preferred this appeal for enhancement of the award dated 16.11.2017 passed by learned District Judge-II-cum- M.A.C.T., Giridih in Title (M.V.) Suit No.37/2014, whereby the claimants have been awarded compensation to the tune of Rs. 8,50,000/- along with simple interest @ 6% per annum from the date of filing of the claim application i.e. from 13.06.2014 till the realization of the amount of compensation.

Learned counsel for the appellants has submitted that claimants have claimed the income of the deceased, Bundo Raut @ Vundi Raut as Rs.10,000/- per month, who was a skilled carpenter, aged about 48 years, but the learned Tribunal has considered the income of the deceased in absence of any documentary evidence to be Rs.5,000/- per month, whereas the Hon'ble Apex Court in the case of Chameli Devi Vs. Jivrail Mian reported in 2019 (4) TAC 724 SC, considered the income of a carpenter in absence of any documentary evidence to be Rs.5,000/- per month, for a death, which has occurred in the year 2002. In the present case, the accident is of dated 27.10.2013, income has been claimed to be Rs.10,000/-, but it has been wrongly considered to be Rs.5,000/- instead of atleast Rs.7,500/- per month.

Learned counsel for the appellants has further submitted that interest has been granted @ 6% per annum contrary to the judgment passed by the Apex Court in the case of Dharampal and Sons Vs. U.P. State Road Transport Corporation reported in 2008 (4) JCR 79 (SC), as such, notice may be issued upon the Insurance Company.

Considering the same, let two copies of memo of appeal and impugned order shall be handed over to learned counsel, Mr. Manish Kumar, who normally appears for New India Assurance Company Limited. The copies must be served by Friday i.e. 19.03.2021.

Put up this case in the monthly cause list of April, 2021.

(Kailash Prasad Deo, J.) Jay/-