Kaila Ganjhu vs Ajay Sahu
2021 Latest Caselaw 1364 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                     [Civil Miscellaneous Appellate Jurisdiction]
                           M.A. No. 69 of 2018
         1.Kaila Ganjhu
         2.Mainwa Devi                                         .... .. ...   Appellant(s)
                                  Versus
        1.Ajay Sahu
        2.Sahjit Oraon
        3.Sri Ram General Insurance Company Ltd.,Jaipur         .. ... ... Respondent(s)
                         ...........

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

For the Appellant(s) : Mr. Prashant Kr. Rahul, Advocate.

      For the Resp. No.3             : Mr. Ashutosh Anand, Advocate
      For the Resp. No.1             : Mr. Rajiv Anand, Advocate.
                         ..........
04 / 17.03.2021.     I.A. No.2539 of 2018.

Learned counsel for the appellants has submitted that the appellants are poor parents of the deceased, who have got such traumatic set back after death of their daughter, as such, they could not prefer the appeal in time and there is delay of 156 days in preferring the appeal and for condonation of the same, I.A. No.2539 of 2018 has been filed, as such, the same be condoned considering it to be a benevolent legislation.

Learned counsel fort he respondents have opposed the same and submitted that delay, if condoned, the liability of interest will also come upon respondents.

Considering the same, delay of 156 days in preferring the appeal is hereby condoned but with condition that the appellants/claimants will not be entitled for any interest on enhanced awarded amount from the date of indemnifying the award till the date of issuance of notice to the Insurance Company i.e. 12.07.2019.

The aforesaid I.A. stands allowed and disposed of.

M.A. No. 69 of 2018

Heard, learned counsel for the parties.

Learned counsel for the appellants has submitted that claimants, 1.Kaila Ganjhu and 2.Mainwa Devi have preferred this Misc. Appeal for enhancement of the award dated 27.05.2017 passed by learned Principal District Judge-cum-P.O., MVACT, Latehar, in M.V. Claim Case No.50/14, whereby the claimants have been awarded a compensation to the tune of Rs.3,61,000/- with interest @6% per annum from the date of institution of the claim application till its realization.

Learned counsel for the appellants has further submitted that deceased (Sarita Kumari), a girl, aged about 14 years died in an accident on 17.07.2014 caused by the offending Truck bearing Registration No.OR-09F-9724.

Learned counsel for the appellants has further submitted that though the deceased was a minor girl, but considering the judgment passed by Delhi High Court in the case of Chetan Malhotra Vs. Lala Ram (2016) SCC Online Del 281 as well as order passed this Court in M.A. No.461 of 2019 and in other similar matter relying upon the judgment passed by Apex Court and Delhi High Court, the compensation for a minor girl is being awarded to the tune of Rs.3,75,000/-., as such, the compensation amount may be enhanced with interest @7.5% per annum.

Learned counsel for the Insurance Company and learned counsel for the owner of the offending vehicle have submitted that this Court has considered Rs.3,75,000/- for a minor child, as such, the compensation amount of Rs.3,61,000/- may be enhanced by Rs.14,000/-, but if the interest is enhanced from 6% to 7.5% then this Court must follow the principle that from the date of indemnifying the award passed by the Tribunal till the date of issuance of notice upon the Insurance Company, the claimants shall not entitled for any interest.

Learned counsel for the owner of the offending vehicle has submitted that the vehicle is duly insured, as such, it is a litigation between the Insurance Company and the claimants.

Considering the rival submissions of the parties, this Court grants the compensation to the tune of Rs.3,75,000/- to the appellants/claimants to make it consistent in view of the judgment passed by the Delhi High Court in the case of Chetan Malhotra (supra). Accordingly, Rs.14,000/- is being enhanced.

So far the interest is concerned, since there is delay of 156 days which has already been condoned, but with condition that from the date of indemnifying the award by the Insurance Company pursuant to the award passed by the learned Tribunal till the date of issuance of notice to the insurance company i.e. 12.07.2019, the claimants shall not be entitled for any interest. Thus, the claimants are entitled for interest @7.5% per annum from the date of filing of the claim application till the date of indemnifying the award and thereafter from 12.07.2019 till the date of indemnifying the enhanced amount.

Accordingly, the instant Misc. Appeal stands allowed.

(Kailash Prasad Deo, J.) Sandeep/