BHONDIYA RAM Vs. MANOJ KUMAR AGRAWAL
LAWS(JHAR)-2020-5-22
HIGH COURT OF JHARKHAND
Decided on May 28,2020

Bhondiya Ram Appellant
VERSUS
MANOJ KUMAR AGRAWAL Respondents


Referred Judgements :-

NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]


JUDGEMENT

B.B. Mangalmurti, J. - (1.)Instant appeal is directed against the judgment dated 16.10.2015 passed in Compensation Claim Case No.04 of 2013 by Ranjeet Kumar, District Judge-II-cum-, Motor Accident Claim Tribunal, Lohardaga by which the learned Tribunal without considering the future prospect and without considering the well settled principle of law for grant of compensation, has awarded meagre sum of Rs.5,32,000/- on account of death of Brajesh Ram.
(2.)The short fact of the case is that on 29.12.2012 at about 6.00 p.m. deceased Brajesh Ram was returning to his house on his cycle after perfoming his duty from Gas Agency, Lohardaga and when he reached near Shankh river bridge, a truck bearing registration no.BR 13B - 7121 came from opposite side and dashed Brajesh Ram causing grievous multiple external and internal injuries resulting to spot death. After death of Brajesh Ram, on the basis of fardbeyan of Bhondiya Ram, F.I.R. being Lohardaga P.S. Case no.133 of 2012 under Sections 279 and 304A of Indian Penal Code was registered against Truck No.BR 13B 7121. The post mortem of deceased was conducted at Sadar Hospital, Lohardaga. After investigation the Police submitted charge sheet under Sections 279 and 304A of Indian Penal Code.
(3.)Learned counsel for the appellant submitted that deceased Brajesh Ram was aged about 25 years and was employed in the Indane Gas Agency as a Computer Operator. He was getting Rs.4000/- per month and in addition to that he was also earning Rs.2000/- per month from private tuition. Thus, altogether the deceased was earning Rs.6000/- per month from his work. The income of deceased remains uncontroverted in examination in chief and cross examination of the witness. The pay slip was also filed in support of their contention. Learned counsel further submitted that learned Tribunal failed to consider that the deceased was earning Rs.6000/- from the work of Computer Operator and private tuition though no contrary evidence was brought on record by the opposite party with regard to income. The Tribunal has awarded only penal interest, although it should have awarded interest of 9% from the date of application till actual date of payment. Learned counsel further submitted that the Tribunal has not awarded for future prospect as per the Hon'ble Apex Court passed in National Insurance Company Limited Versus Pranay Sethi & Others, 2017 16 SCC 680. Learned counsel submitted that Tribunal has awarded much more on account of Loss of Estate, Loss of Consortium as well as funeral expenses. The Tribunal has awarded Rs.1,00,000/- (Rupees One lac), although it should have limited to Rs.70,000/- (Rupees Seventy Thousand)only. In these circumstances, the award passed by the Tribunal on 16.10.2015 needs modification.


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