Jharkhand High Court
Najmun Bibi & Others vs Sutuk Sutradhar & Another on 5 July, 2021
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 276 of 2020
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Najmun Bibi & Others .... ..... Appellants
Versus
Sutuk Sutradhar & Another .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............
For the Appellants : Mr. Rajiv Kumar Karn, Advocate. For the Respondent No. 2: Mr. Bibhash Sinha, Advocate.
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06/05.07.2021.
Heard, learned counsel for the appellants, Mr. Rajiv Kumar Karn and learned counsel for the M/s ICICI Lombard General Insurance Company Limited, Mr. Bibhash Sinha.
Learned counsel for the appellants/claimants, Mr. Rajiv Kumar Karn has submitted that claimant namely, Najmun Bibi, wife of late Mansur Ansari along with her minor children, have preferred this appeal for enhancement of the award dated 20.03.2020 passed by learned District Judge-XII-cum-M.A.C.T. Judge, Dhanbad in Motor Accident Claim Case No. 146/2018, whereby the appellants have been awarded compensation to the tune of Rs. 13,78,615/- to be paid by the Insurance Company within a period of two months from the date of order i.e. 20.03.2020. If the payment is not made within stipulated period, an interest @ 6% per annum on the awarded amount shall be payable from the date of filing i.e. 27.06.2018.
Learned counsel for the appellants has submitted that though the claimants have claimed the income of the deceased to the tune of Rs. 12,000/- per month, which has been supported by the evidence of P.W.-1 in para-7, P.W.-2 in para-9, P.W.-3 & P.W.-4 in para-9 and P.W.-5 in para-5 and Exhibit-1 i.e. Salary Certificate of deceased Mansur Ansari with objection. The proprietor of M/s M.I. Construction, Md. Ishaque Ansari has been examined in this case, who has proved the Exhibit-1 and on the basis of that learned Tribunal has wrongly considered the income of the deceased to be Rs. 6,000/- per month. Apart from that, interest has been granted @ 6% per annum only, if the award is not satisfied by the Insurance Company within 60 days from the date of award.
-2-Learned counsel for the appellants has thus submitted that the award may be enhanced.
Learned counsel for M/s ICICI Lombard General Insurance Company Limited, Mr. Bibhash Sinha has placed para-9 of the impugned award and has submitted that the learned Tribunal has rightly not considered Exhibit-1 to be an authenticated document as claimants have not filed the registration certificate issued by competent authority with regard to registration of M/s M.I. Construction. Apart from that, I.T. Return of M/s M.I. Construction, Work order of M/s M.I. Construction, or any receiving of payment has not been filed on behalf of the claimants so as to believe that M/s M.I. Construction is a registered organization.
Learned counsel for M/s ICICI Lombard General Insurance Company Limited has further submitted that since Exhibit-1 alleged to be salary certificate of the deceased, which has been marked as Exhibit-1, but with objection. The learned Tribunal has rightly considered the document to be a suspicious document by not relying fully upon the same for the reasons assigned in the impugned award and Exhibit-B is written application filed by the claimant - Najmun Bibi before the M/s ICICI Lombard General Insurance Company Limited, where she has admitted that her husband was a labourer and was earning a sum of Rs. 150/- per day, as such, the learned Tribunal has considered the income of the deceased to be Rs. 6,000/- per month, which is not based on any document, rather it was on higher side. The Insurance Company has already satisfied the award with interest though compensation was not paid within 60 days of the award dated 20.03.2020, but in view of the award, the same has already been satisfied by the Insurance Company through five cheques, copies of the same have been sent by the learned counsel for the Insurance Company before this Court which are as follows:-
(i) Cheque No. 651057 dated 12.08.2020 amounting to Rs. 2,00,000/-.
(ii) Cheque No. 651048 dated 12.08.2020 amounting to Rs. 5,29092/-.
(iii) Cheque No. 651047 dated 12.08.2020 amounting to Rs. 2,00,000/-.
(iv) Cheque No. 651036 dated 12.08.2020 amounting to Rs. 2,00,000/-.
(v) Cheque No. 651035 dated 12.08.2020 amounting to Rs. 2,00,000/-.-3-
Learned counsel for M/s ICICI Lombard General Insurance Company Limited has further submitted that even after receiving of the aforesaid amount, the claimants have preferred the appeal on 05.10.2020 to get a chance for enhancement of the award, as such, such practice may not be encouraged by this Court.
Learned counsel for the appellants, Mr. Rajiv Kumar Karn has not disputed this factual aspect of the matter.
Considering the rival submissions of the parties, it appears that Exhibit-1, which has been marked with objection coupled with Exhibit-B, which has been marked without objection has rightly been appreciated by learned Tribunal for considering the income of the deceased to be Rs. 6,000/- per month.
Thus, the Appeal being devoid of merits is accordingly dismissed, since the entire awarded amount along with interest has already been satisfied by the Insurance Company prior to filing of this miscellaneous appeal before this Court.
(Kailash Prasad Deo, J.) Sunil/-