Jharkhand High Court
Unknown vs United India Insurance Company Ltd on 19 March, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. A. No. 674 of 2016
1(a) Suresh Murmu
1(b) Mukesh Murmu
1(c) Sona Lal Murmu
All sons of Late Badku Murmu, R/o Village Belatand, P.O. & P.S.
Gandey, District- Giridih. .... .. ... Appellant(s)
Versus
1.United India Insurance Company Ltd., office at Buxidih Road, P.O. and
P.S. Giridih (T), District- Giridih.
2.Md. Manjur Khan, S/o Late Abdul Aziz Khan, R/o Village- Pahardaha,
P.O. Phulchi, P.S. Taratand, District- Giridih.
3.Md. Manzar Khan, S/o Md. Alam Khan, R/o Village- Koldiha, P.O.
Giridih (T), District- Giridih.
.. ... ...Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
.........
For the Appellant (s) : Mr. Vijay Kumar Roy, Advocate
For the Resp.(s) : Mr. Prashant Kumar, Advocate
......
14/ 19.03.2025. Heard, learned counsel for the parties.
1. The original claimants /appellants preferred this instant Misc. Appeal
for enhancement of award of compensation under Section 166 of the
M.V. Act vide judgment in M.V. Claim Case No.66 of 2012 for the death
of their son, Mintu Murmu in a road accident involving a tempo bearing
Registration No.JH 11H 7054.
2. During pendency of the instant Misc. Appeal, the original claimants
died and accordingly, their heirs and legal representatives have been
substituted.
3. The instant Misc. Appeal has been preferred mainly on the ground that
the learned Tribunal has not awarded any amount under the head of
Future Prospect.Deceased was aged about 26 years at the time of
accident, therefore, applicable multiplier would be 17 whereas the
compensation has been assessed by taking multiplier as 11 and
further under the conventional head, only Rs.15,000/- has been
awarded.
4. It is further argued that the deceased was working in Mongia Steel
Company and was drawing a salary of Rs.6,000/- per month, but the
learned Tribunal has assessed his income to be Rs.3,000/- per month.
5. Learned counsel for the Respondent(s)- Insurance Company has
defended the impugned judgment of Award. It is argued that not a chit
of paper has been filed by the claimant(s) in support of the averment
that the deceased was an employee and working in Mongia Steel. In
this view of the matter, the learned Tribunal did accept and rightly did
not consider the monthly income of Rs.6,000/- per month.
6. Having considered the submissions advanced on behalf of both the
sides and perusing the materials on record, this Court is of the view
that when a specific case is built on the pleading that deceased was
an employee in an industrial plant, there need to be some
documentary evidence in support of it. Mere bald assertion of
employment without any document of employment cannot be accepted
as proof of employment. Therefore the claim of monthly income by way
of salary of Rs.6,000/- per month has rightly not been accepted.
7. I find that there is some merit in the case of claimant(s) for
enhancement of compensation as no amount has been awarded under
the head of Future prospect. It is true that no documentary evidence
regarding employment has been filed, but there is specific averment
supported by evidence that the deceased was working as Mechanic
and the witnesses have also supported that the deceased was working
as Mechanic.
8. Accordingly, final compensation taking age of the deceased to be 26
years and Rs.4,000/- as monthly income, 50% as personal and living
expense as the deceased was a bachelor at the time of accident, the final
compensation amount will work out as under :-
Annual income of the Rs.48,000/- + = Rs.67,200/-
deceased taking Rs. Rs.48,000/- X 40% as
Rs.4,000/- as monthly Future prospect] i.e.
income + 40% as Future 19,200/-
prospect
Annual Dependency Rs.67,200/- Minus = Rs.33,600/-
after deducting as ½ Rs.33,600/-
[being Bachelor]
Multiplier taking 11 17 Rs.33,600/-X 17
years as the age of the =Rs.5,71,200/-
deceased to be 26
years at the time of the
accident
Loss of Estate, Funeral Rs.84,000/- Rs.84,000/-
Expenses and Loss of
Consortium
Total Rs.6,55,200/-
9. The Respondent No.1- Insurance Company is liable to pay
Rs.6,55,200/- with interest at the rate of 6% per annum from the date
of filing of the claim application till its realization. The payment shall be
made within a month from the date of this order by the Insurance
Company to the learned Tribunal and thereafter the Tribunal will
disburse the same as per the terms fixed by it to the claimants within
two weeks.
10. It goes without saying that the amount already paid shall be
deducted in final compensation amount.
Misc. Appeal is accordingly disposed of.
Pending I.A(s), if any, stands disposed of.
(Gautam Kumar Choudhary, J.)
Sandeep/
