IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 351 of 2007
Budhan Sao ... ... ... ... ... Appellant
Versus
1. Jamanti Devi
2. Ranjan Kumar
3. Rina Kumari
4. Hina Kumari
5. Juli Kumari ... ... ... ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE M. Y. EQBAL
THE HON'BLE MRS. JUSTICE JAYA ROY
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For the Appellant: M/s Saurav Arun, A. Sinha
For the Respondents: Mr. D.C. Ghose
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7/ 04.09.2009
The appellant is the owner of one Commander Zeep which
was involved in the accident. On the unfateful day of accident
while the deceased was walking near his house in Ranchi-Patna
Road the aforementioned Zeep being driven in a rash and negligent
manner dashed the deceased who sustained severe injuries and
succumbed to the injuries in the hospital. After the accident the
driver of the Commander Zeep fled away. The claimants filed an
application for compensation. The claimants who are the widow,
one son and three minor daughters, have stated that the deceased
was aged 44 years and was earning Rs. 5000/- per month. The
Tribunal awarded a sum of Rs. 3,90,760/- by way of compensation.
Aggrieved by the aforesaid judgment and award the owner
has filed this appeal challenging the quantum of compensation
awarded by the Tribunal. According to appellant the amount of
compensation is on the higher side.
When the appeal was taken up for hearing, on 12.06.2008 the
appellant was directed to produce the Insurance Policy in order to
show as to whether the vehicle was covered under a valid
Insurance Policy. On the next day i.e. on 29.08.2008, this Court
further heard the matter and issued notice to the respondents with
a direction to the appellant to deposit a sum of Rs. 1,00,000/- (One
lac) to be paid to the respondents to enable them who are starving
due to the death of their bread-earner. Instead of complying the
direction of this Court, one Interlocutory Application has been filed
being I.A. No. 3109 of 2008 for modification of the aforesaid order
dated 29.08.2008 on the ground hat the appellant is not in a position
to deposit the amount.
Learned counsel appearing for the appellant submitted that
the appeal be decided on its merit.
We have heard learned counsel appearing for the appellant
and also the learned counsel for the Insurance Company.
Undisputedly, the deceased was aged about 44-45 years and
left behind a widow, one son and three minor daughters. Even
assuming that the monthly earning of the deceased was Rs. 3000/-
and not Rs. 5000/-, the amount of compensation awarded by the
Tribunal appears to be just and reasonable which needs no
interference by this Court.
This appeal is dismissed and consequently the Interlocutory
Application ( I.A. No. 3109 of 2008) also stands dismissed.
Needless to say that the claimants-respondents shall be at
liberty to recover the awarded amount by approaching the
Tribunal.
(M. Y. Eqbal, J)
( Jaya Roy , J)
Alankar/