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Judgment
Heard, learned counsel for the appellants.
Learned counsel for the appellants has submitted that I.A. No.4230 of 2020 has been filed under Order XLI Rule 5(5) of the Code of Civil Procedure
for stay of the impugned Award dated 28.08.2019 passed in Motor Accident Claim Case No.59 of 2018 [vide Certificate Case No.23/19-20] passed
by learned District Judge-II- cum- Motor Vehicle Accident Claim Tribunal, Bokaro.
So far the case of the appellants against the claimants is that deceased (Rewati Devi) died at the age of 42 years and as per the post-mortem report
(Exhibit-5) as well as her date of birth in the year 1976, the same was considered to be 42 years.
Learned counsel for the appellants has submitted that the learned Tribunal without any evidence has considered the income of the deceased to be
Rs.6,000/- contrary to the judgment passed by the Apex Court in the case of Chameli Devi vs. Jivrail Mian, reported in 2019 (4) TAC 724 SC, where
the income of such persons like a Carpenter has been considered to be Rs.5,000/- per month.
Learned counsel for the appellants has further submitted that in the present case, the claimants have claimed the income of the deceased to be
Rs.240/- per day, as such, her income has been considered to be Rs.7,200/- per month, as such, this Court may consider the same and reduce the
income assessed by the learned Tribunal.
Learned counsel for the appellants has further submitted that deceased was also not entitled for Future Prospect, but the learned Tribunal has granted
Future Prospect @25% considering the deceased to be in the age-group of 40-50 years in view of the judgment passed by Apex Court in the case of
National Insurance Company Ltd. vs. Pranay Sethi, reported in (2017) 16 SCC 680 at para 59.4.
From perusal of the impugned Award, it appears that ground of assailing the impugned award on the quantum is not available to the appellants in view
of the fact that this Court has to consider the just and fair compensation to the claimants. Once the learned Tribunal has considered the income of the
deceased to be Rs.240/- per days and the same is to be Rs.7,200/- per month. It appears from the impugned award that the learned Tribunal has
considered the judgment passed by the Apex Court in the case of Jitendra Khim Shankar Trivedi & Ors. Vs. Kasam Daud Kumbhar & Ors., reported
in (2015) 4 SCC 237 and the learned Tribunal has deducted 1/4th considering the number of dependents of five in view of the judgment passed by the
Apex Court in the case of Sarla Verma (Smt) & others vs. Delhi Transport Corporation & another, reported in (2009) 6 SCC 121 at Para 30.
Since the learned Tribunal has not considered the amount of compensation payable to the claimants, in view of the judgment passed by the Apex
Court in the case of Pranay Sethi (Supra) at Para 59.8, as the loss of consortium to the tune of Rs.40,000/- apart from the interest which has been
awarded from the date of admission @6% simple interest per annum to the date of realization which is contrary to the judgment passed by the Apex
Court in the case of Dharampal & Sons Vs. U.P. Transport Corporation, reported in 2008, JCR 4 79 SC/ (2008) 12 SCC 20, 8as such, considering it
to be a just and fair compensation, this Court is not inclined to interfere with the quantum of compensation and accordingly, this Miscellaneous Appeal
with regard to quantum of compensation is hereby dismissed, as the learned Tribunal has not granted an amount of Rs.40,000/- under the loss of
consortium and less rate of interest has been granted to the claimants.
So far issue No.(5) is concerned, the matter shall be listed in the month of January, 2021 as while deciding issue No.(5), the learned Tribunal has
categorically mentioned that nothing has been brought on record to suggest that the vehicle has no valid permit nor any contrary evidence has been
brought on record by the Insurance Company to establish the pleading made in written statement.
Under the aforesaid circumstances, let the matter be listed in the Month of January, 2021.
In the meantime, the Insurance Company is directed to deposit the entire amount along with the interest in terms of the Award passed by the learned
Tribunal before the Executing Court, Bokaro, in Execution of Award dated 28.08.2019 passed in Motor Accident Claim Case No.59 of 2018 (Vide
Certificate Case No.23/19-20) within a period of 60 days from today which shall be disbursed to the claimants, as the appeal against the claimants has
already been decided and dismissed.
If the said amount is deposited within 60 days, the Executing Court shall not proceed in the matter, failing which, the Executing Court shall proceed in
the matter.
Let L.C.R. be called for in connection with Motor Accident Claim Case No.59 of 2018 from the court of learned District Judge-II-cum-Motor
Accident Claim Tribunal, Bokaro, forthwith.