Allowed

Milan Devi v. Harivansh

Jharkhand HC13 May 2024MA/311/2019

Case brief

AI extract

What is this about?

Claimants appealed enhancement of a motor accident award, disputing the Tribunal's assessment of the deceased's income. The court took the annual income as Rs.1,09,500/- at Rs.300 per day with reference to minimum wages and raised interest from 6% to 7.5% per annum.

What did the court decide?

Award modified: deceased's annual income taken as Rs.1,09,500/-; interest enhanced from 6% to 7.5% per annum from date of application.

Milan Devi Vs Harivansh — Motor Accident Claims | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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M.A. No.311 of 2019

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Milan Devi

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Kamlesh Kumar

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Amrita Kumari

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Ramesh Kumar

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…. …. Appellants

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-Versus-

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Harivansh

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Divisional Manager, United India Insurance Company Limited, Katras Road, P.O. & P.S. Bank More, Dhanbad, Jharkhand

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…. …. Respondent(s)

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mrs. Manjusri Patra, Adv. : Mrs. Mohua Palit, Adv. For the Respondent No.2 : Mr. Ashok Kumar Singh, Adv. ----

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13/Dated: 13^th May, 2024

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1. Heard the parties.

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2. The present miscellaneous appeal has been filed by the claimants against the Award dated 30.03.2019, passed by the learned District Judge-VIII-cumMACT, Dhanbad in Motor Accident Claim Case No.170 of 2018 for enhancement of the awarded amount.

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3. It appears that the deceased had died on 17.04.2018. The Tribunal has decided the claim of the claimants, after giving findings, which reads as under:-

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Age of the claimant = 55 years Number of Dependent = 4 Income = 150 per day

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4. The only dispute has been raised with regard to the income of the deceased

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which has been assessed by the learned Tribunal.

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5. It has been submitted by the learned counsel for the claimant that the Tribunal has disbelieved the salary certificate and the case produced by the claimants regarding Rs.400/- per month, but even under the Minimum Wages Act, 1948 around Rs.300 per day is available to such a labourer.

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6. Considering the above facts, the Award dated 30.03.2019, passed by the learned District Judge-VIII-cum-MACT, Dhanbad in Motor Accident Claim Case No.170 of 2018 is hereby, modified to the extent that the annual income of the

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deceased shall be taken as Rs.1,09,500 /- (Rs.300 per day x 365 days = Rs.1,09,500) .

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7. So far as the interest is concerned, it is hereby, enhanced from 6% per annum to 7.5 % per annum from the date of application.

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8. With the above modification of the Award dated 30.03.2019, the present miscellaneous appeal stands allowed.

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(Rajesh Kumar, J.)

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Raja/Uploaded

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Page | 2

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M.A. No.311 of 2019

Milan Devi v. Harivansh

Case brief

What is this about?

What did the court decide?

Milan Devi v. Harivansh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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