Jharkhand High Court
Lalita Devi vs Sujit Suman on 22 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 242 of 2015
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Lalita Devi ... Appellant(s)
-versus-
1. Sujit Suman
2. Munna Kumar
3. Kailash Pandit
4. Branch Manager, National Insurance Co. Ltd. Dhansar, Dhanbad
5. Branch Manager, National Insurance Company Limited, Giridih.
... Respondent(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Appellant(s): Mr. Prabhash Ch. Sinha, Advocate.
For the Insurance Co.: Mr. Manish Kumar, Advocate.
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10/22.03.2022: Heard the learned counsel for the parties.
This appeal has been filed by the appellant challenging the judgment
and award dated 24.3.2015 passed by the learned Pr. District Judge-cum-P.O.-
MVACT, Giridih in M.V. Claim Case No. 44/2005, whereby an amount of
Rs.1,77,000/- has been awarded as compensation on account of death of a five
years old child.
This appeal is on behest of the appellant praying for enhancement of
compensation amount.
Counsel for the appellant by referring the judgment of the Hon'ble
Supreme Court in the case of Kurvan Ansari @ Kurvan Ali and Another Vs.
Shyam Kishore Murmu and Another reported in (2022) 1 SCC 317 submits
that after considering all the judgments rendered earlier, the Hon'ble Supreme
Court has held in that case that an amount of Rs.4,70,000/- would be proper
compensation wherein, the age of deceased is seven years. He further submits
that the Hon'ble Supreme Court has considered the notional income of the
deceased as Rs.25,000/- per annum and applied 15 as multiplier. He also
submits that only difference in that case and in this case is the age of the
deceased. In the instant case, the age of the deceased is five years whereas, in
the case before the Hon'ble Supreme Court, the age of the deceased was seven
years. He thus, prays that the judgment of the Hon'ble Supreme Court may be
applied in the instant case and a sum of Rs.4,70,000/- should be awarded.
Counsel for the respondent-Insurance Company submits that the
Hon'ble Supreme Court in the case of Rajendra Singh and Others Vs. National
Insurance Co. Limited and Others reported in (2020) 7 SCC 256 has held that
in the case where the deceased is minor and aged about 12 years, the
compensation to the tune of Rs.2,95,000/- should be granted.
After hearing the parties, I feel that this case can be disposed of at
this stage itself since the dispute is very limited.
After going through the judgment passed in the case of Kurvan
Ansari (supra), I find that the Hon'ble Supreme Court has considered the earlier
judgments delivered in the case of Puttamma Vs. K.L.Narayana Reddy,
reported in (2013) 15 SCC 45, R.K. Malik Vs. Kiran Pal reported in (2009) 14
SCC 1 and Kishan Gopal Vs. Lala reported in (2014) 1 SCC 244 as well as
Rajendra Singh and Others Vs. National Insurance Co. Limited and Others
reported in (2020) 7 SCC 256 and thereafter held in para 16 that the notional
income of Rs.25,000/- p.a. is to be considered and thereafter 15 multiplier to be
applied. The Hon'ble Supreme Court has also held that the claimants are also
entitled to Rs.40,000 X 2= Rs.80,000/- towards filial consortium and Rs.15,000/-
towards funeral expenses and the total amount will carry interest @ 6% per
annum.
The judgment passed in the case of Rajendra Singh and Others
Vs. National Insurance Co. Limited and Others reported in (2020) 7 SCC 256
has also been referred in the judgment passed in the case of Kurvan Ansari
(supra).
Thus following the judgment of Hon'ble Supreme Court in the case
of Kurvan Ansari (Supra), I hold that the claimant is entitled to a sum of
Rs.4,70,000/- (four lakh seventy thousand) as just compensation along with
interest @ 6% per annum from the date of framing of issues. The balance
amount with interest @ 6% per annum from the date of framing of issues should
be paid within ten weeks.
Accordingly, this appeal stands disposed of.
Anu/-CP2. (ANANDA SEN, J.)
