The New India Assurance Company Ltd vs Bodhiya @ Bodhi Saw
2025 Latest Caselaw 5893 Jhar

Jharkhand High Court

The New India Assurance Company Ltd vs Bodhiya @ Bodhi Saw on 17 September, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                                                2025:JHHC:28608




IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Misc. Appeal No.409 of 2017
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The New India Assurance Company Ltd., Dhanbad, represented through its Dy. Manager and in-charge T.P. Hub, The New India Assurance Company Ltd. Ranchi, Divisional Office, Ranchi, Sethi Corporate, 2nd Floor, P.P. Compound, Ranchi, P.O. and P.S. Chutia, District Ranchi, Jharkhand .... .... .... Appellant Versus

1. Bodhiya @ Bodhi Saw, son of Sri Prema Saw, resident of Village Beko, P.O. Beko, P.S. Bagodar, District Giridih (Jharkhand)

2. Dilip Rajak, son of Basudeo Rajak, resident of Village Choudhary Bandh, P.O. Choudhary Bandh, P.S. Bagodar, District Giridih (Jharkhand) .... .... .... Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellant : Mr. G.C. Jha, Advocate For the Respondent No.1 : Mr. Shekhar Prasad Sinha, Advocate For the Respondent No.2 : Mr. Naresh Prasad Thakur, Advocate

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Order No.12 / Dated : 17.09.2025 Insurance Company is in appeal against the award and compensation under Section 166 of the Motor Vehicle Act for a sum of Rs.6,00,740/- with interest 7% per annum in Title (Motor Vehicle) Suit No.185 of 2011 for the permanent disability suffered by the claimant.

2. The facts of the case are not in dispute that the claimant - Bodhiya @ Bodhi Saw suffered motor vehicle accident while he was travelling on a jeep bearing registration No.JH 11C 4018 in which he sustained permanent disablement to the extent of 60% on account of amputation of his left hand. The claimant was serving in the Railways and considering his salary, final compensation amount has been allowed.

3. Instant appeal is preferred on the ground that the physical disability suffered by the claimant, did not result in any functional disability as he continued to be in the service after the said accident. After superannuation, he is getting pension.

4. Learned counsel appearing on behalf of the claimant has defended the impugned judgment and award of compensation. Earlier the claimant was directed to file affidavit with regard to the status of employment after accident. As per the supplementary affidavit, after the said accident, he was

2025:JHHC:28608

degraded from the post of Trackman to the post of Coal Peon under P.W. 1- Eastern Railway, Asansol (West Bengal) and he is not getting as much pension as Trackman.

5. Having considered the submissions advanced on behalf of both sides and the materials on record, this Court is of the view that the award of compensation needs no interference save and except penal interest of 9% per annum which has been awarded for being paid in the event the compensation was not paid. However, the claimant shall be entitled to the award of compensation with 7.5% per annum interest on the said amount from the date of filing of claim application.

Miscellaneous Appeal accordingly disposed of. Interlocutory Application, if any, is disposed of.

Amount already paid to the claimant, shall be deducted from the final compensation amount. Statutory amount be remitted to the Tribunal for disbursement to the appellant.

(Gautam Kumar Choudhary, J.) 17.09.2025 Anit