Case brief
What is this about?
M.A. No.221 of 2022 (High Court of Jharkhand, Ranchi; Rajesh Kumar, J.; decided 03rd September, 2024). Claimants' appeal against award dated 29.07.2022 of MACT Hazaribag in MACC No.61 of 2017 arising from fatal accident of 22.02.2017 involving Truck BR-27B-9246 insured with National Insurance Co. Ltd. Sole disputes: notional monthly income (fixed at Rs.100/- per day) and interest rate. Held: absent cogent income evidence, minimum wages for unskilled worker (~Rs.7000/- per month) apply; interest raised from 6% to 7.5% p.a.; appeal allowed; remanded for recalculation; statutory amount to return to Tribunal.
What did the court decide?
Appeal allowed and disposed of: monthly income of the deceased declared as Rs.7000/- per month; interest enhanced from 6% to 7.5% per annum; matter remitted to the Tribunal for recalculation of the award and release thereof in favour of the claimants; statutory amount directed to be transmitted back to the Tribunal for release in favour of the claimants or the Insurance Company depending upon the factual matrix.