High CourtsSingle Bench(2025) 04 JH CK 1346

M/s The New India Assurance Company Limited vs Jaspal Singh And Others

Jharkhand High Court · Decided on 16 April 2025

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Appeal No. 99 Of 2025

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Judgment

7 paragraphs · 204 words

Sanjay Kumar Dwivedi, J

1.

I.A. No.982 of 2025 has been filed for condoning the delay of 134 days in preferring the instant appeal.

2.

Mr. Jha, the learned counsel for the appellant submits that the learned court has erred in calculating the amount. He submits that the deceased was bachelor and in view of Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121 the multiplier was required to be made to 50% whereas the learned Tribunal has made 1/3 rd (33%).

3.

Considering the hardship of the family, the appellant herein is directed to deposit the entire awarded amount before the learned Tribunal within three weeks.

4.

Out of the said deposited amount, 50% of the same will be released in favour of the claimants on proper verification by the learned Tribunal and the rest of the amount shall be kept intact which will be subject matter of the instant appeal.

5.

Issue notice upon the respondent nos.1 to 3 in main appeal as well as in the I.A meant for condonation of delay by ordinary process for which requisites etc must be filed within a week.

6.

The respondents are at liberty to file proper petition for modification of this order.