The Oriental Insurance Co. Ltd. vs Cordula Dungdung
2022 Latest Caselaw 141 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Misc. Appeal No. 85 of 2012

 The Oriental Insurance Co. Ltd., Lohardaga        ....     .... Appellant
                            Versus

1. Cordula Dungdung
2. Fedlish Lakra                                  ....    ....   Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant : Mr. Alok Lal, Advocate For the Respondents : M/s Arun Kr. Srivastava & Badal Vishal, Advocates

C.A.V. ON 22.12.2021 PRONOUNCED ON 21 / 01 / 2022

1. The appellant Insurance Company has preferred the instant ap- peal against the judgment and award of compensation in MAC Case No. 24 of 2008 by Principal District Judge-cum-Motor Accident Claim Tri- bunal, Simdega.

2. The appeal is preferred on the ground that it was a case of con- tributory negligence and the victim was on the middle of the road when the accident took place. The amount of compensation has been awarded without following the principles for computation of compensation amount. The order of the Tribunal to pay a sum of Rs.11,000/- as a law- yer's fee is unknown to Civil Jurisprudence. There is no provision in the Motor Vehicle Act for payment of lawyer's fee.

3. So far as the award of lawyer's fee by the learned Tribunal is concerned, I find and hold it to be perverse, without any basis and is liable to be set aside. The learned Tribunal has relied on 2011 (1) TAC 942 for awarding the amount, but no such case could be found in this citation.

4. As per the claimants' case, the accident took place on 06.07.2007 when the deceased Kulman Dungdung met with an accident with a speeding Bus bearing Registration No. BR 14 P-0794 while he was going on his bicycle regarding which Simdega P.S. Case No. 109/2007 was registered under Sections 279 and 304A of IPC against the driver of the offending bus. The police on investigation submitted the charge-sheet against the driver Bajrang Prasad of the offending vehicle. A.W.3 has de- posed that he was also returning home by his cycle and saw that the acci- dent was caused by rash and negligent driving of the bus.

5. On these evidences, the plea of contributory negligence is not tenable.

6. On the quantum of compensation as per the claim application, the deceased was 18 years old and was working as a labourer in a brick kiln. All the witnesses have consistently stated that the deceased was working in a brick kiln. The claimant who is the mother of the deceased has stated that his son used to earn Rs.1000/- per week. On these evi- dences I am of the considered view that there is no difficulty in accepting Rs.3000/- as his monthly income and 18 years as his age at the time of ac- cident.

On this basis the compensation will work out as per the table given below:

             Annual Income                              Rs. 36000/-
             Annual dependency after deduct-            Rs. 18000/-
             ing 1/2 on the living and personal
             expenses of the deceased who was
             a bachelor
             Taking multiplier of 18 consider-      Rs. 18000 x 18= Rs.3,24,000
             ing the age of the deceased to be
             18 years
             Future Prospect @ 40%                     Rs. 1,29,600
             Conventional head                         Rs. 77,000
             Total                                     Rs. 5,30,600

The claimant is entitled to Rs.5,30,600 with interest at the rate of 7.5% as final compensation amount to be paid by the appellant Insurance Company under the provision of the M.V. Act to the Tribunal within a month of this order. The Tribunal shall disburse the said amount to the said claimant after proper identification and verification.

The appeal is allowed in part with modification of Award. Insurance Company is permitted to withdraw the statutory amount. Consequently, I.A. No. 51 of 2013 stands disposed of.

(Gautam Kumar Choudhary, J.) Jharkhand High Court, Ranchi Dated the 21st January, 2022 NAFR / AKT