Jharkhand High Court
Piku Sen @ Amitabha Sen vs The Divisional Manager on 11 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 509 of 2017
1. Piku Sen @ Amitabha Sen
2. Pinki Sen............ Appellants
Versus
1. The Divisional Manager, The New India Assurance
Company Ltd.
2. M. Umar Saleh............ Respondents
......
Coram: Hon'ble Mr. Justice Ananda Sen
......
For the Appellants : Mr. Nikhil Ranjan, Advocate
For the Insurance Company : Mr. D.C. Ghosh, Advocate
......
9/11.04.2022 This appeal has been filed by the claimants praying therein for
enhancement of the compensation amount, which was awarded by the
Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim
Case No. 341 of 2012.
2. The Tribunal has awarded a sum of Rs.2,90,000/- as
compensation on account of death of a minor aged about 03 years.
3. Learned counsel appearing on behalf of the appellants does not
dispute any of the fact, but has only relied upon a judgment passed by the
Hon'ble Supreme Court in the case of "Kurvan Ansari Alias Kurvan Ali and
Another- versus- Shyam Kishore Murmu and Another, reported in (2022) 1 SCC 317". He
submits that the same principle should be followed in this case and a sum
of Rs.4,70,000/- should be awarded on account of compensation.
4. Mr. D.C. Ghosh, learned counsel appearing on behalf of the
Insurance Company submits that all the judgments have been taken note
of. He further submits that the age of the deceased in the instance case is
03 years, whereas in the case, which was dealt with by the Hon'ble
Supreme Court in the case of "Kurvan Ansari" (Supra), the victim was aged
about 07 years.
5. After hearing the parties, I find that there is no dispute in respect
of the accident, which had taken place nor there any dispute in the
manner of accident and the fact that the vehicle was duly insured. It has
also not been disputed that there was violation of the condition of the
insurance policy, thus right to recovery has been granted.
6. The Hon'ble Supreme Court in the case of "Kurvan Ansari" (Supra),
has considered the earlier judgments which dealt with the grant of
compensation on account of death of a minor. The cases of "Puttamma-
versus- K.L. Narayana Reddy, R.K.Malik -versus- Kiran Pal and Kishan
Gopal-versus- Lala", have been considered. I find that the case of
"Rajendra Singh-versus- National Insurance Co. Ltd." has also been taken
note of. Considering all the aforesaid judgments and observation, the
Hon'ble Supreme Court has increased the notional income at Rs.25,000/-
when a minor dies arising out of an accident and thereafter, applying the
multiplier of 15, concluded that Rs.4,70,000/- should be the just amount
of compensation.
7. Considering the aforesaid judgment and since the same will
resolve the entire issue, I find that this case is fully covered by the
aforesaid judgment of the Hon'ble Supreme Court passed in the case of
"Kurvan Ansari" (Supra).
8. Thus, in view of the above, I hold that the claimants are entitled
to Rs.4,70,000/- as compensation. The Tribunal has already awarded
Rs.2,90,000/-. The balance amount should be paid to the claimants
within eight weeks from today. The balance amount will carry an interest
of 6% P.A. from the date of the award by the Tribunal till the same is paid.
The Cheque of enhanced amount should be issued in the name of the
mother of the deceased.
9. It be noted that this Court has not interfered with the part of the
award, whereby right to recovery has been granted in favour of the
Insurance Company.
10. With the aforesaid observations, this miscellaneous appeal stands
disposed of.
(Ananda Sen, J)
Mukund/-cp.2
