Jharkhand High Court
Upendra Kumar Sharma & Anr vs Nasib Singh Mahal & Others on 26 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 122 of 2018
........
Upendra Kumar Sharma & Anr. .... ..... Appellants
Versus
Nasib Singh Mahal & Others ..... Respondents
WITH
M.A. No. 151 of 2018
........
United India Insurance Co. Ltd. .... ..... Appellant
Versus
Upendra Kumar Sharma & Others ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Rajiv Anand, Advocate
(in M.A. No.122/2018)
: Mr. Alok Lal, Advocate
(in M.A. No.151/2018).
For the Respondents : Mr. Alok Lal, Advocate
(in M.A. No.122/2018).
:Mr. Rajiv Anand, Advocate
(in M.A. No.151/2018).
........
06/26.03.2021.
Learned counsel for the appellants-claimants in M.A.
No.122/2018, Mr. Rajiv Anand has submitted that claimants have
preferred this appeal for enhancement of the award dated 30.08.2017
passed in Motor Accident Claim Case No.86/2015 passed by learned
Principal District Judge -cum- P.O.- Motor Accident Claim Tribunal,
Bokaro, whereby the claimants have been awarded compensation to
the tune of Rs. 23,94,600/- out of which Rs.50,000/- has already
been paid as ad-interim compensation under Section 140 of the M.V.
Act, thus Rs. 23,44,600/- along with interest @ 9% per annum from
the date of application i.e. 30.07.2015 till payment to be paid within
four months from the date of passing of this award, failing which the
claimants will be entitled to receive penal interest @ 11% till
realization of the compensation amount.
Learned counsel for the appellants-claimants has assailed the
impugned award on the ground that future prospect of the deceased
has not been considered in view of the judgment passed by the Apex
Court in the case of National Insurance Company Ltd. Vs. Pranay
Sethi and Ors. reported in (2017) 16 SCC 680 paragraph-59.4.
Learned counsel for the appellants-claimants has thus
submitted that compensation amount may be enhanced.
Learned counsel for the appellants-claimants has further
submitted that there is delay of 25 days in preferring the instant
appeal and for condonation of the same, I.A. No.2223/2018 has been
filed. The copy of interlocutory application has been served upon
learned counsel for the Insurance Company.
Learned counsel for the Insurance Company, Mr. Alok Lal has
submitted that Insurance Company has also preferred appeal against
the same impugned award vide M.A. No.151/2018.
Learned counsel for the Insurance Company, Mr. Alok Lal has
submitted that M.A. No.151/2018 has been filed with delay of 32
days and for condonation of the same, I.A. No.2553/2018 has been
filed.
Learned counsel for the Insurance Company, Mr. Alok Lal has
assailed the impugned award on the ground that excess amount under
the conventional head i.e. Rs.2,25,000/- has been granted contrary to
the judgment passed by Apex Court in the case of Pranay Sethi
(Supra) para-59.8 whereby the compensation towards conventional
head ought to be granted to the tune of Rs. 70,000/- i.e. Rs. 40,000/-
for loss of consortium, Rs. 15,000/- for funeral expenses and Rs.
15,000/- for loss of estate. Apart from that other grounds are also
available to the Insurance Company, but the matter may be placed
before the Lok Adalat so as to settle the dispute between the parties
after condoning the delay.
Learned counsel for the appellants-claimants has no objection.
Considering the same, delay of 25 days in preferring the
appeal by the claimants and delay of 32 days in preferring the appeal
by Insurance Company are hereby condoned.
Accordingly, I.A.2223/2018 in M.A. No.122/2018 and I.A.
No. 2553/2018 in M.A. No.151/2018 stand allowed.
Since the parties are agree to settle their dispute before Lok
Adalat, let both the appeals be placed before Lok Adalat scheduled to
be held on 10.04.2021.
The Secretary, JHALSA is directed to facilitate amicable
settlement between both the parties.
(Kailash Prasad Deo, J.)
Jay/-
