Jharkhand High Court
Hdfc Ergo General Insurance ... vs Akhtar Hussain Ansari & Anr on 23 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 194 of 2018
HDFC Ergo General Insurance Company Limited ... .. ... Appellant(s)
Versus
Akhtar Hussain Ansari & Anr. .. ... ... Respondent(s)
With
M.A. No. 232 of 2018
Akhtar Hussain Ansari .... .. ... Appellant(s)
Versus
HDFC Ergo General Insurance Company Limited & Anr.
.. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. S. J. Roy, Advocate [in M.A. No.194 of 2018]
Md. J. Rahman, Advocate, [in M.A. No.232 of 2018]
For the Respondent(s) :
..........
10 / 23.03.2021. Heard, learned counsel for the appellants.
M.A. No.194 of 2018 has been preferred by the appellant- HDFC Ergo
General Insurance Company Limited, whereas M.A. No.232 of 2018 has been
preferred by the injured/claimant.
Both the aforesaid Mic. Appeals have been preferred against the common
impugned award dated 19.01.2018 passed by learned District Judge-III Cum Motor
Vehicle Accident Claims Tribunal, Jamshedpur, in M.A.C. Case No.87 of 2014,
whereby, the claimant (Akhtar Hussain Ansari) has been awarded compensation to
the tune of Rs.2,97,636/- along with up to date interest @6% per annum from the
date of filing of the claim case till payment. If amount has been paid to the applicant
under Section 140 M.V. Act as ad-interim compensation, the same shall be deducted
from the aforementioned awarded amount.
Mr. S. J. Roy, learned counsel for the Insurance Company has submitted that
though there was contributory negligence of both the parties, but the learned Tribunal
has only deducted 25% amount from the compensation amount, though it was head-
on collision between a trailer and the motorcycle of the claimant.
Learned counsel for the claimant/respondent has submitted that claimant has
also preferred Misc. Appeal vide M.A. No. M.A. No. 232 of 2018 for enhancement
of the award, on the ground that learned Tribunal has considered less income of the
injured as Rs.3,000/- per month contrary to the judgment passed by the Apex Court
in the case of Pappu Deo Yadav vs. Naresh Kumar & Ors., reported in 2020 SCC
OnLine 752.
Learned counsel for the appellant has submitted that at the time of accident i.e.
on 10.01.2012, the injured was M. Com. and he was working as a Tutor, but because
of the said accident, he suffered mental injury and also injury on the shoulder. Thus,
his chance of selection in all the competitive examination has been reduced and he
was forced to accept the LLB Degree and he joined District Bar Association in the
year 2020 but because of lock down he has suffered financially. The quantum has
been assessed on the lower side, as such, the same may be enhanced.
Considering the same let both the cases be listed in the Monthly Cause List of
April, 2021 when the other appeals having similar issue are to be listed.
In the meantime, Let L.C.R. be called for.
(Kailash Prasad Deo, J.)
Sandeep/
