Sharda Devi & Others vs Arun Kumar Prasad & Another

Heard, learned counsel for the appellants, Md. Zaid Ahmed. Learned counsel for the appellants has submitted that the claimants namely, (1) Sharda

Devi, wife of Raj Kumar Verma, (2) Raj Kumar Verma, son of Late Mohan Lal Verma, (3) Jyoti Kumari, daughter of Raj Kumar Verma and (4)

Abhimanyu Kumar Verma, son of Raj Kumar Verma are the appellants before this Court and they have preferred the instant appeal for enhancement of the award dated 03.01.2018 passed by District Judge-III-cum-M.A.C.T., Jamshedpur in Motor Accident Claim Case No. 145/2016, whereby claimants have been awarded compensation to the tune of Rs. 4,38,000/- along with interest @ 6% per annum from the date of filing of the claim application till payment to be paid within 30 days of the date of award and if the amount under Section 140 of the Motor Vehicles Act has been paid to the claimants shall be deducted from the awarded amount.

Learned counsel for the appellants has submitted that the deceased Rabishankar Verma was aged about 28 years and he was Gym Trainer. The claimants have claimed the income of the deceased to be Rs. 13,000/- per month, which has been considered by the learned Tribunal to be Rs. 4,000/-

per month in absence of any documentary evidence.

Learned counsel for the appellants has further submitted that future prospect has not been granted and under the conventional head, less amount has been paid, instead of Rs. 70,000/-, learned Tribunal has only granted Rs. 30,000/- under the conventional head, contrary to the judgment passed by the

Apex Court passed in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in (2017) 16 SCC 680 (Para-59.4 & Para-

59.8) and interest has also been paid on the lower side i.e. @ 6% from the date of filing of the claim application, which ought to have been @ 7.5% in view of the judgment passed by the Apex Court passed in the case of Dharampal and Sons Vs. U.P. State Road Transport Corporation reported in

2008 (4) JCR 79 (SC).

Learned counsel for the appellants has further submitted that there is delay of 30 days in preferring the appeal and for condonation of same, I.A. No.

11364/2019 has been filed, as such, notice may be issued upon the Insurance Company in both matters i.e. in main memo of appeal as well as in the

limitation matter.

Learned counsel, Mr. Ashutosh Anand, who normally appears for the Shri Ram General Insurance Company Limited, has submitted that he is ready to accept the notice on behalf of respondent no. 2 i.e. Shri Ram General Insurance Company Limited.

Appellants are directed to serve two copies of memo of appeal along with impugned judgment and limitation petition upon learned counsel, Mr.

Ashutosh Anand.

Let the appeal be listed in the monthly list of May, 2021. Office is directed to reflect the name of Mr. Ashutosh Anand as counsel for the respondent

no. 2, Shri Ram General Insurance Company Limited.