Jharkhand High Court
Ajama Khatoon & Another vs Magma Hdi General Insurance ... on 22 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 405 of 2018
........
Ajama Khatoon & Another .... ..... Appellants
Versus
Magma HDI General Insurance Company Ltd.,
Kolkata, West Bengal & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Rajiv Anand, Advocate.
For the Respondents :
........
05/22.03.2021.
Learned counsel for the appellants, Mr. Rajiv Anand, has
submitted that claimants namely, Ajama Khatoon and Mansur Ansari
are the appellants before this Court. Appellants have preferred the
instant appeal for enhancement of the award dated 11.05.2018 passed
by learned District Judge, 1st-cum-Motor Accidents Claims Tribunal,
Bermo at Tenughat, Bokaro in M.V. Claim Case No. 81 of 2016,
whereby claimants have been awarded compensation to the tune of
Rs. 6,03,000 (after deducting Rs. 50,000/- which has been paid as ad
interim compensation under Section 140 of the Motor Vehicles Act)
along with the interest @ 6% per annum from the date of filing of
the claim application within two months of the award, failing which
interest @ 12% per annum shall be paid till its realization.
Learned counsel for the appellants has submitted that the
deceased Jahida Praveen, aged about 23 years, died in a motor
vehicle accident. The future prospect of the deceased has not been
considered as she was a beautician, which ought to have been
granted @ 40% in view of the judgment passed by the Apex Court in
the case of National Insurance Company Limited Vs. Pranay Sethi
& Others reported in (2017) 16 SCC 680 (Para-59.4) nor under the
conventional head, sum of Rs. 70,000/- (Rs. 15,000/- as loss of
estate, Rs. 40,000/- as loss of consortium and Rs. 15,000/- as funeral
expenses) has been awarded by the learned Tribunal, rather only Rs.
5,000/- has been awarded under the conventional head, though the
learned Tribunal has taken note of the judgment of the Apex Court in
the case of National Insurance Company Limited Vs. Pranay Sethi
& Others reported in (2017) 16 SCC 680.
Learned counsel for the appellants has further submitted that
interest ought to have been granted @ 7.5% per annum from the date
of filing of the claim application in view of the judgment passed by
the Apex Court passed in the case of Dharampal and Sons Vs. U.P.
State Road Transport Corporation reported in 2008 (4) JCR 79
(SC).
Learned counsel for the appellants has further submitted that
the compensation amount has to be paid by the Insurance Company,
opposite party no. 1 namely, Magma HDI General Insurance
Company Limited, as such, notice may be issued upon respondent
no. 1, as no analogous appeals has been preferred by Magma HDI
General Insurance Company Limited against the impugned award.
Under the aforesaid circumstances, appellants are directed to
take steps for service of notice upon respondent no. 1 namely,
Magma HDI General Insurance Company Limited 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 one
week.
Put up this case after service of notice.
(Kailash Prasad Deo, J.)
Sunil/-
