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Jharkhand High Court · body

2018 DIGILAW 2356 (JHR)

New India Assurance Co. Ltd. v. Manju Devi

2018-10-25

RAJESH KUMAR

body2018
JUDGEMENT : Heard learned counsel for the appellant and learned counsel for the respondents. 2. The present appeal has arisen out of Compensation Case No.186 of 2012, wherein Claim Tribunal has Awarded compensation of Rs.11,62,750/- alongwith interest @ 6% per annum, if the amount not paid within one month, then it shall carry interest @ 9% per annum. 3. The present claim application has been filed for claiming compensation on account of accident which has taken place on 26.05.2012, wherein one Aagnu Munda @ Aagnu Pahan was travelling in Mini Truck, bearing registration No.BR-14G-5434, in the capacity of the labourer of the said Truck, for loading and unloading metal chips has died on spot. The age of the deceased has been assessed as 27 years. Income has been taken as Rs.4,500/- per month and 3/4th has been taken as family contribution as the number of dependents are 5. 4. So far as factual aspect is concerned there is no dispute, so far as liability of the insurance company and entitlement of the claimants are not in dispute in the present case. So this Court is not going in detail upon this fact. 5. The findings recorded by the trial court stands approved as the same has not been challenged. The only challenge which has been thrown before this Court is regarding the monthly income which has been taken as Rs.4,500/- per month. It is admitted position that deceased was a labourer. 6. The claimant has claimed that he was earning Rs.6,000/- per month but no any documentary evidence has been produced before the Court below, only on the basis of fair estimation, the income has been taken as Rs.4,500/- per month. 7. This quantum has been challenged by the learned counsel for the appellant by making prayer that it should be 3,000/- per month, which has been consisted view of the courts. 8. Countering the above submission, learned counsel for the appellant has submitted that seeing the present status of the labourer and the value of money Rs.3,000/- was used to be taken by the court before 10 to 15 years should be enhanced reasonably so that a fair estimation of compensation can be made. 9. Since, the monthly income has been taken as Rs.4,500/- by the claim Tribunal, this Court finds that the same is reasonable. 10. 9. Since, the monthly income has been taken as Rs.4,500/- by the claim Tribunal, this Court finds that the same is reasonable. 10. The documentary evidence regarding income of the labourer could not be produced as the same is not available. In such case, estimation has to be made by the court seeing the nature of work, which is being performed by the deceased. 11. In the present case the deceased was a labourer of loading and unloading metal chips. The normal rate in the society is around Rs.500 to Rs.600/- per day but the year of accident is 2012. 12. In view of the above discussion and finding recorded by the trial court with regard to the monthly income of Rs.4,500/- is hereby upheld. 13. The other argument made by the learned counsel for the appellant that 50% has been taken towards future prospect which should be 40% and fixed charges, which has been taken Rs.1,30,000/- , should be Rs.70,000/-. 14. Learned counsel for the appellant has relied upon the judgment rendered by the Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in AIR 2017 SC 5157 . 15. The above submission of learned counsel for the appellant, as per the mandate of Apex Court as reported in the case of Pranay Sethi (Supra), is hereby accepted and the same has not been seriously opposed by the claimant. 16. Accordingly, the compensation amount is re-calculated on the basis of above discussion which is as follows: Age of the deceased 27 years Multiplier-17 Yearly income (4500 X 12) Rs. 54,000/- Multiplier of 17 as per Age Rs.54,000/- x17 Family Contribution 3/4th of Rs.9,18,000/- (No. of Dependents are 5 ) Rs.9,18,000/- Rs.6,88,500/- (Future Prospects) 40% of Rs.6,88,500/ Rs.2,75,400/- Rs.9,63,900/- Fixed Charges Rs.70,000/- Total Rs.10,33,900/- 17. Calculated amount is modified as Rs.10,33,900/-, the same is payable to the claimant with interest @ 6% per annum from the date of claim application i.e. 17.07.2012. The amount, which has already been paid, shall be adjusted. 18. Accordingly, with above modification the present appeal is hereby allowed. 19. Learned counsel for the appellant is permitted to withdraw the statutory amount, if any.