Jharkhand High Court
Runiya Bibi Widow Of Late Yunus Ansari vs Naresh Goswami on 5 February, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 142 of 2014
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1.Runiya Bibi widow of late Yunus Ansari
2. Hasina Bano, D/o late Yunus Ansari
3. Furkan Ansari, S/o late Yunus Ansari
4. Sahnaz Khatoon D/o late Yunus Ansari
5. Mehnaz Khatoon, D/o late Yunus Ansari
6. Sajda Khatoon, D/o late Yunus Ansari
7. Ibrahim Miya, S/o late Rudal Miya
8. Surtan Bibi, wife of Ibrahim Miya
The appellant no. 3 to 6 are presently minor as such they are being
represented through their mother, natural guardian and next fried namely
Runiya Bibi, i.e. Appellant No.1.
All residents of village- Fuljori, PS Gandey, Post Gadi Sirsiya, District
Giridih (Jharkhand) ... Appellant(s)/ Claimants.
Versus
1. Naresh Goswami, S/o late Puran Goswami, R/o village Dundo, Post
Maheshmunda, PS Bengabad, District-Giridih.
2. Dilip Goswami @ Tulsi Goswami, S/o Sri Santu Goswami, R/o
village Dundo Post Maheshmunda, PS-Bengabad, District Giridih.
3. National Insurance Company Limited through Divisional Manager,
Divisional Office -7 (350700) 50, Janpath, PS Janpath, Post-New
Delhi-110001 New Delhi, Also through local office of the company
National Insurance Company Limited through Branch Manager,
Giridih Branch, PO and PS- Giridih, District: Giridih.
4. Md. Maksud Alam S/o Abdul Samad, R/o village Kumhargadia, PO
Jagdishpur, PS Madhupur, District Deoghar (Jharkhand)
... Respondent(s)/Opposite Parties.
CORAM : SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellants : Mr. Arvind KumarLall, Advocate
For the Respondents : Mr. AlokLal, Advocate;
Mr.Santosh Kumar, Advocate;
Mr. Pran Pranay, Advocate;
Ms. Kehkashan Afsheen, Advocate
.........
16/05.02.2025:
Heard the learned counsel for the parties.
1. The claimants are in appeal for enhancement of compensation
awarded to them U/s 166 of the M.V. Act passed by learned District Judge
cum Motor Accident Claims Tribunal, Court No.III, Giridih, in Title (M.V.)
Suit No. 34 of 2009.
2. The claimants are the heirs and dependents of Yunus Ansari who died
in a motor vehicle accident on 13.3.2009 when he was dashed by one Hero
Honda Splendour Motor Cycle bearing registration No. JH-11E-4042. He
was taken to hospital where he died during course of his treatment, leaving
behind altogether eight heirs and dependents.
3. As per the case of the claimants, the deceased was aged about 30 years
at the time of his death and he was a skilled painter and earning as Rs.
6,000/- per month.
4. Total compensation of Rs. 5,50,000/- was awarded taking the monthly
income of the deceased to be 4,000/- per month and the living expense of the
deceased was deducted by 1/4th and a multiplier of 15 was applied.
5. It is submitted by the learned counsel for the appellants that the
learned Tribunal has not taken into account the loss of earning under the
head of future prospect. Since there were more than six dependents of the
deceased, therefore, the living expense should have been deducted by 1/5th
and taking the age of 30 years the appropriate multiplier should have been
17. The award of compensation under conventional head is also not as per the
ratio laid down in the case of National Insurance Company Limited Vs.
Pranay Sethi and Ors. reported in (2017) 16 SCC 680.
6. The learned counsel on behalf of the Insurance Company has
defended the judgment and award of compensation.
7. I find merit in the case of the claimants for enhancement of
compensation. In view of finding of facts regarding monthly income of the
deceased to be Rs. 4,000/- , the argument for enhancing the monthly
income of the deceased is not accepted. However, the final compensation
amount taking Rs. 4,000/- monthly income, 1/5th as deduction from the living
expense of the deceasedand multiplier of 17 for the age of 30 years of the
deceased at the time of accident, and 40% as future prospect, will work out as
under:
Annual Income of the deceased 4000x 12= 48,000/-
Future Prospect @ 40 % 48000x40% =19200
By adding annual income + future 48000 + 19200/- = 67200/-
prospect
Loss of dependency 1/5 as the 67,200x1/5= 13,440/-
dependents are more than 6
67200-13440= 54,760/-
By taking multiplier of 17 as the age 54,760 x 17= 9,30,920/-
of the deceased was 30 years at the
time of accident.
Conventional Head 70,000/-
Total 10,00,920/-
9. The Insurance Company is directed to make full and final payment of
the compensation amount of Rs. 10,00,920/- ( Rupees Ten Lakhs Nine
Hundred Twenty only ) along with interest @ 6% per annum from the date of
filing of claim application till its realization.
10. M.A. No. 142 of 2014 is accordingly allowed.
11. The statutory amount be remitted to learned Tribunal below to be
disbursed/ adjusted to the appellants within one month from the date of this
order.
(GAUTAM KUMAR CHOUDHARY, J.)
KNR/Abha
