[Cites 4, Cited by 0]
Jharkhand High Court
Sunita Devi vs Amit Kumar on 18 December, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:38066
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Misc. Appeal No.445 of 2024
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1. Sunita Devi, wife of Late Shankar Mahto
2. Laxmi Devi (minor), daughter of Late Shankar Mahto, represented
through her natural guardian, appellant no.1, both are residents of Village
Barkitand (Kurko), P.O. Subranpur, P.S. Khukhra, District Giridih, at
present both are resident of C/o Gopal Mahto, Village Jarmune, P.O. &
P.S. Rajganj, District Dhanbad .... .... .... Appellants
Versus
1. Amit Kumar, son of Suresh Agarwal, resident of Jamtara Dumri More,
P.O. & P.S. Dumri, District Giridih
2. United Insurance Co. Ltd., Dhanbad, Divisional Office, having office at
Rajhans Mension, Second Floor, Bank More, near Hotel V.I.P., P.O. & P.S.
Bank More, District Dhanbad
3. Nem Chand Mahto, resident of Village Barkitand, P.O. Sobranpur,
P.S. Khukhra, District Giridih .... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellants : Mr. Ranjan Kumar, Advocate
For the Respondent No.1 : Ms. Vandana Singh, Advocate
Mr. Rajesh Kumar, Advocate
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Order No.06 / Dated : 18.12.2025
Heard learned counsel on behalf of both sides in I.A. No.13286 of
2024 which has been filed under Section 5 of the Limitation Act for
condonation of delay of 269 days in preferring the instant appeal.
Considering the grounds as taken in the interlocutory application,
delay is condoned.
I.A. No.13286 of 2024 is allowed.
2. Instant appeal is filed by the claimants under Section 173 of the
Motor Vehicles Act, 1988 for enhancement of compensation awarded under
Section 166 of the M.V. Act in Motor Accident Claim Case No.138 of 2018
with a further prayer, that 10% compensation amount apportioned in favour
of the father of the deceased- opposite party no.3 be permitted to be
disbursed to the minor daughter of the deceased.
3. Heard both sides.
4. The appeal is on the limited ground for enhancement of the interest
2025:JHHC:38066
of the awarded amount from 6.5% to 7.5% per annum from the date of filing
of claim application. In view of the ratio laid down by the Apex Court in
Dharampal & Others Vs. U.P. State Road Transport Corporation, (2008) 12
SCC 208, the prayer for enhancement, is allowed to 7.5% per annum from
the date of claim application.
5. So far second prayer is concerned, it is submitted that the judgment
and award of compensation was passed on 29th September, 2023 whereby
and whereunder 10% of the compensation amount was awarded in favour
of the opposite party no.3- Nem Chand Mahto, who happens to be the father
of the deceased. The father has however not appeared before the Tribunal
for receiving the said amount till date and the amount is deposited in his
name by the Insurance Company. Furthermore, notice was issued to the
respondent no.3, but he did not appear even at this stage. In this view of
matter, respondent no.3- Nem Chand Mahto appears to be not interested in
receiving the compensation amount for the death of his son.
6. Under the circumstance, 10% of the compensation amount which
was awarded in favour of respondent no.3- Nem Chand Mahto be deposited
in term deposit scheme in a nationalized Bank in the name of Laxmi Kumari,
who is minor daughter of the deceased for a period till she attains majority.
With this modification in the impugned award, Miscellaneous
Appeal stands disposed of. Pending Interlocutory Application, if any, is
also disposed of.
(Gautam Kumar Choudhary, J.)
Anit
Uploaded
19.12.2025
