Jharkhand High Court
Kiran Devi vs Rajeev Prasad on 18 January, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 325 of 2014
1. Kiran Devi
2. Muna Lohra
3. Vimal Lohra
4. Mahesh Lohra
5. Basanti Kumari
6. Vinay Lohra
7. Sushma Kumari
8. Mukesh Lohra ..... Appellants
Versus
1. Rajeev Prasad
2. The Branch Manager, Oriental Insurance Company Limited, Branch
office at Hotel Novelty, Lohardaga-835302 (the insurer)
.... .... Respondents
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CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Appellants : Mr. Pankaj Kumar, Advocate
For the Respondents : Mr. G.C. Jha, Advocate
CAV ON 21.11.2021 PRONOUNCED ON 18 .01.2022
1. The claimants have preferred the instant appeal for enhancement of
compensation awarded in M.A.C.C. Case No.17/2009 under section 166 of
the M.V. Act .
2. Deceased Dharmu Lohra was engaged as a labourer in the offending
Tractor bearing Registration No. JH-7B-5142 with trailor bearing
Registration no. JH 07B 5143. He died in the accident during the course of
loading and unloading from the tractor.
3. The enhancement has been claimed on the ground that the deceased was
earning Rs.4,500/- per month at the time of the accident as deposed by
A.W.-2, but the learned tribunal has fixed income of the deceased as
Rs.3,000/- per month as notional income and applied the multiplier of 13.
It is also submitted that compensation under the head of future prospect
and conventional head have also not been awarded as per ratio decided in
National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680
On perusal of impugned Judgment, it is manifest from para-7 that
salary of deceased was accepted to be Rs.3,000/- per month on the basis of
deposition of Claimant No.1 who has been examined as A.W.-1. However,
she had also stated that the deceased was getting Rs.50/- per day as food
allowance this has not been included.
No reason has been assigned for discarding Rs.50/- per day.
Taking Rs.3,000/- per month as the salary and Rs.50/- per day as food
allowance, the monthly income will work out to Rs.4,500- per month the
final compensation shall work out as per the table given below:
Annual Income Rs.54,000/-
Annual dependency after deducting Rs. 43,200/-.
1/5th on the living and personal
expenses of the deceased
Taking multiplier of 14 considering Rs.43200 x 14 = Rs
the age of the deceased to be 45 years 6,04,800
Future Prospect @ 25% Rs. 1,51,200
Conventional head Rs. 77,000
Total Rs. 8,33,000
The Insurance Company is accordingly directed to make full and final
payment of compensation amount of Rs 8,33,000 within a month of this
order to the tribunal with interest @ 7.5% p.a. from the date of filing of
the claim application. The tribunal shall disburse the amount after proper
verification and identification in the following manner:-
(a) 50% of the total compensation amount shall be paid to the
claimant No.1, Kiran Devi the widow of the deceased.
(b) The remaining amount shall be paid to the claimant Nos.2 to 8 in
equal share jointly with their mother.
(c) For the claimants who are minors the amount shall be fixed
deposited jointly with Claimant No.1 till the claimants attain the
age of 21 years.
The appeal is allowed as at above.
(GAUTAM KUMAR CHOUDHARY, J.)
Jharkhand High Court, Ranchi
Dated 18th January, 2022
NAFR/Tarun
