Jharkhand High Court
Dushyant Jaiswal vs The Oriental Insurance Company ... on 18 January, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Misc. Appeal No. 77 of 2012
1. Dushyant Jaiswal
2. Smt. Smriti Jaiswal .... .... Appellants
Versus
1. The Oriental Insurance Company Limited, Divisional Office No.2, Raj
Hospital Complex, 57/A, Main Road, PO GPO, PS Hindpiri, Ranchi
2. Rakesh Kumar Rai, son of late Ramnath Rai, House No.15, Road No.8,
Ram Nagar, PO and PS Sonari, Town Jamshedpur, District East
Singhbhum
3. The New India Assurance Company Limited, Sakchi Branch 540205
I.M.A. Bhawan, Damodar Road Sakchi, PO and PS Sakchi, Town
Jamshedpur, District East Singhbhum
4. Monika Jaiswal, daughter of Late Ashwani Kumar Jaiswal, resident of
Lake Avenue, Kanke Rd., PO Gonda, PS Gonda District-Ranchi
5. Ella Jaiswal, daughter of late Ashwani Kumar Jaiswal, resident of Lake
Avenue, Kanke Rd., PO Gonda, PS Gonda District-Ranchi
.... .... Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Appellants : Mr. Rohit Roy, Advocate
Mr. Rajesh Kumar, Advocate
For the Respondents : Mr. Ganesh C. Jha, Advocate
Mr. Maihish Kumar, Advocate
Mr. Pratyush Kumar, Advocate
C.A.V. ON 02.12.2021 PRONOUNCED ON 18 /01/2022
1. Claimants have preferred this appeal for enhancement of
compensation amount awarded in Compensation Case No.120/1998 for
the death of Ashwani Kumar Jaiswal in a motor vehicle accident while the
deceased was on his way from Jamshedpur to Ranchi in his Maruti Gypsy
bearing registration No. BR-14P-0111.
2. The enhancement of the compensation is claimed on the ground
that there was manifest error in applying the multiplier of 11 to the
deceased whose age was 43 and ½ years. Instead of taking 1/4 deduction
towards personal and living expenses deductions @ 1/3 has been taken.
3. The learned Tribunal has recorded a finding of fact that it was a
case of head on collusion between Maruti Gypsy bearing registration No.
BR-14P-0111 and Dumper bearing registration No.MP-17C-2199. It has
been held that both the vehicles had contributed to the accident and
apportioned the liability on the Dumper and Maruti Gypsy in the ratio of
60 : 40.
4. Judgment and award of compensation has been passed against
the insurer of both the vehicles.
5. As per the claim application the deceased was proprietor of
A.K. Movies and partner of Sujata Pictures having a monthly income of
Rs.5,246/- and was income tax payee and had paid advanced income tax
of Rs.4,000/- for the assessment year 1995-96.
6. The learned tribunal accepted Rs.62,550/- per annum as the
annual income and accepted the age to be 43½ years for which the
applicable multiplier will be 14 and not 11 as taken by the tribunal.
Considering the number of the dependents, 1/5th shall be applicable
deduction towards personal living expense. Accordingly, the annual
dependency is worked out to Rs. 62,550/-12,510/- = 50,040/-
Taking a multiplier of 14, the loss of future income will work out to
Rs.50, 040/- x 14 = Rs.7,00,560/-.
An addition of 25% of the established income shall be
applicable under the heading of future prospect which will be
Rs.1,75,140/-
Apart from this the claimants shall also be entitled to
compensation of Rs.77,000/- under the conventional head of loss of
Estate, consortium and funeral expenses.
The final compensation will therefore work out to Rs.7,00,560/-
+ Rs.1,75,140/- + Rs.77,000/- = Rs. 9,52,700/-.
7. The learned tribunal has recorded a finding that since the
deceased was the owner of Maruti Gypsy bearing registration No. BR-
14P-0111 and Insurance Policy did not cover the deceased owner,
therefore the Oriental Insurance Company (O.P. No.1) was not liable to
pay the compensation amount. This finding of contributory negligence has
not been contested in appeal which has been established after discussion
of the evidence at length by the Tribunal in Para-8 of the Judgment.
8. In view of the above, O.P. No.3 shall be liable to satisfy 60% of
the total compensation amount. The O.P.No.3/respondent No.3, the New
India Assurance Co. Ltd. is accordingly directed to make full and final
satisfaction of the 60% of the total compensation amount of Rs.9,52,700/-
with interest @ 7.5% per annum by making payment to the Tribunal
within a month of this order from the date of claim application excluding
the period the appeal/claim case was dismissed for default.
9. The tribunal shall disburse the amount after proper verification
and identification to the claimants in the following manner:
a. 50% of the total awarded compensation amount to be paid to
claimant No.1 individually.
b. The balance amount shall be equally paid to claimants Nos. 2,
3, and 4 jointly with claimant No.1.
c. In case of minor claimant the amount shall be deposited in
term deposit scheme of a nationalized bank, till they attain
majority.
The appeal is allowed as at above.
(Gautam Kumar Choudhary, J.)
Jharkhand High Court, Ranchi
Dated the 18th January, 2022
AFR / Tarun
