Jharkhand High Court
Smt. Kanti Sharma vs The Oriental Insurance Co. Ltd on 8 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No.269 of 2009
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1. Smt. Kanti Sharma
2. Miss Rubi Kumari
3. Sunil Kumar Sharma
4. Miss Bindu Sharma .... .... .... Appellants
Versus
1. The Oriental Insurance Co. Ltd.
2. Sri Jugal Kumhar .... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellants : Mr. S.K. Laik, Advocate
For the Respondents : Mr. Alok Lal, Advocate
CAV ON 04.05.2022 PRONOUNCED ON: 08 .08.2022
1. Appellants are the claimants who have preferred the appeal for
enhancement of compensation awarded in Title (M.V) Suit No. 201 /2005.
2. Appeal has been preferred mainly on the ground that the tribunal has
assessed the monthly, the deceased to Rs.6000 against the total monthly income
of Rs.8000/-as per the income certificate (Ext-1). Loss of income under the head
of future prospect has not been considered and the applicable multiplier to the
age group of the deceased or to have been highly then as taken by the tribunal.
3. Deceased Prabhat Kumar Sharma died in a motor vehicle accident
while he was going on his scooter caused due to rash and negligent driving of a
dumper bearing registration no. BR-17G- 8900. As per the claim application he
was aged about 50 years and working as a manager under a contractor M/s
Santosh Kumar Chourasia with a monthly income of Rs.8000/-. The learned
tribunal has awarded a compensation of Rs.5,34,000/- with interest at the rate of
6% from the date of judgment by taking a multiplier of 11 and monthly income
of Rs.6000/-.
4. The factum and manner of accident is not in challenge before this
court. The learned Tribunal has assigned specific reasons in para-11 of the
judgment for not accepting Rs.8000/- as the monthly income and assessing the
income to be Rs.6000/- per month. In this view of matter, I do not find any
specific reason to set aside the finding of fact regarding monthly income
assessed by the Tribunal. Taking Rs.6000/- as the monthly income and 50 is the
age of the deceased the final compensation amount shall work out as under:
Annual Income Rs.6,000x12 Rs.72,000/-
Annual dependency after deducting Rs.54,000/-
1/4th on the living and personal
expenses of the deceased
Loss of dependancy Rs.54000 x 13 = Rs.7,02,000
Future Prospect @ 25% Rs.1,75,500
Conventional head Rs.77,000
Total Rs.9,54,500
5. The claimants shall therefore be entitled to compensation of Rs.
9,54,500/- with interest @ of 7.5% per annum on the compensation amount from
the date of filing of claim application from the Insurance Company. The
Insurance Company is accordingly directed to make payment of the
compensation amount to the Tribunal within a month of this order. The Tribunal
shall pay the compensation amount to the claimants in the manner given below:
A. 40% of the total compensation amount to be paid to Claimant no.1
B. 20% of the compensation amount to be paid to each of the claimant
Nos.2 to 4 jointly with claimant no.1.
C. In case of the claimants below 21years the amount to be fixed
deposited till they attain the age of 21 years.
The appeal is allowed as at above.
(Gautam Kumar Choudhary, J.)
Jharkhand High Court, Ranchi
Dated the 8th August, 2022
AFR / Anit
