Baisakhi Devi vs Abdul Kayum
2021 Latest Caselaw 1414 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  [Civil Miscellaneous Appellate Jurisdiction]
                         M.A. No. 95 of 2018
        1.Baisakhi Devi
        2.Minor Rina Kumari
        3.Minor Priyanka Kumari
        4.Nunibala Devi                                      .... .. ...          Appellant(s)
                                    Versus
        1.Abdul Kayum
        2.The Manager, M/s Future General India Insurance Company Limited
                                                                       .. ... ... Respondent(s)
                         ...........

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

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

                                          Mr. M. B. Lal, Advocate
      For the Respondent(s)          :
                         ..........

04 / 19.03.2021. Learned counsel, Mr. Rajiv Kr. Karn on the instruction of learned counsel for the appellants, Mr. M. B. Lal has submitted that the instant Misc. Appeal has been preferred by the claimants/appellants, 1.Baisakhi Devi, 2.Minor Rina Kumari, 3.Minor Priyanka Kumari and 4.Nunibala Devi for enhancement of the Award dated 03.07.2017 passed by learned District Judge-XIII-cum- MACT, Dhanbad in Title (M.V.) Case No.226 of 2013, whereby the claimants have been awarded compensation to the tune of Rs.7,08,000/- along with interest @6% per annum from the date of admission of claim application i.e. 30.08.2013. Out of total compensation amount i.e. Rs.7,08,000/-, Rs.6,08,000/- is to be paid along with interest @6% per annum from the date of admission i.e. 30.08.2013 within 60 days to claimant No.1 (Baisakhi Devi) and Rs.1 Lac along with interest shall be paid to claimant no.4 (Nunibala Devi) by cheque. If the said amount is not paid within the stipulated period, the aforesaid amount will be paid with interest @9% per annum after 60 days till realization.

Learned counsel for the appellants has submitted that the learned Tribunal has not granted interest in accordance with law which should be @7.5% per annum.

Learned counsel for the appellants has further submitted that learned Tribunal has considered the income of the deceased (Ramesh Rai) on the lower side, as such, the judgment of enhancement of the award may be passed.

Learned counsel for the appellants has further submitted that there is delay of 140 days in preferring the appeal and for condonation of the same, I.A. No.3208 of 2018 has been filed.

Learned counsel for the appellants has further submitted that earlier the notice has been issued upon respondent Nos.1 and 2 in terms of the order dated 02.05.2018, but the office has pointed out that the same have been returned unserved.

Considering the same, let fresh notice be issued upon the respondent No.1 [Abdul Kayum, S/o Md. Yasim, R/o 12/644 Agarpara New Line, P.O. & P.S. Agarpara, Kolkata, West Bengal-700058 owner of the offending vehicle i.e. Truck bearing Registration No.WB-23B-8139] and Respondent No.2-The Manager, M/s Future General India Insurance Company Limited, 91/A/1, Park Street Avani Signature, 5th Floor, Kolkata, P.O.+P.S. Park Street, West Bengal-700016] under both process i.e. under Registered Cover with A/D as well as under ordinary process, for which, requisites etc., must be filed within a period of two weeks.

Unutilized copy, if any, be utilized for the same.

(Kailash Prasad Deo, J.) Sandeep/