RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 2:

1. In both these appeals separate awards have been passed, arising out of the same accident, in view of that both these appeals have been heard together with the consent of the parties.

2. Heard Mr. Gaurav Kumar, learned counsel appearing for the appellant and Mr. Alok Lal, learned counsel appearing for the insurance company.

3. M.A. No. 264 of 2024 has been filed by the claimant, being aggrieved with the award dated 30.04.2024, passed in Motor Accident Claim Case No. 314 of 2021 by the learned Principal District Judge-cum-Presiding Officer, Motor Vehicle accident Claims Tribunal, Dhanbad for enhancement of the award.

4. M.A. No. 296 of 2024 has also been filed by the claimant, being aggrieved with the award dated 30.04.2024, passed in Motor Accident Claim Case No. 315 of 2021 by the learned Principal District Judge-cum-Presiding Officer, Motor Vehicle accident Claims Tribunal, Dhanbad for enhancement of the said award.

5. Learned counsel appearing for the appellant in both the appeals submits that the compensation cases were filed before the learned tribunal stating therein that on 11-11-2021 at about 6.00 P.M the deceased and her sister Laxmi Kumari along with Laxman Kumar Rawani were travelling on a Scooty No. JH-10-CC-9446. When they reached at Banka Pul, near NH-2 about 1 K.M west from Topchanchi Police Station, a truck No. HR-74A-6946 being driven rashly and negligently by its driver dashed against their Scooty resultantly all of them sustained severe injuries and died. He submits that it was stated that the deceased used to take private tuition and earning Rs. 6,000/- per month. The Truck No. HR-74A-6946 was insured with the insurance company at the relevant time. He further submits that in the second M.A., the deceased Kiran Kumari was aged about nine years only. He also submits that the learned tribunal has been pleased to allow both the claim cases and awarded as sum of Rs. 5,70,600/- along with interest @ 7.5% per annum from the date of filing of the claim cases till its realization in each of the claim cases.

6. By way of referring the said awards, learned counsel appearing for the appellant in both the appeals submits that the learned tribunal has not added any amount so far as future prospect and conventional head are concerned and to buttress his argument, he relied in the case of National Insurance Company Limited Versus Pranay Sethi & Ors., reported in (2017) 16 SCC 680. He further submits that so far as conventional head is concerned, in every three years, 10% is required to be added in the conventional head. Relying on this judgment, he submits that these two heads may kindly be added in both the appeals.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqE4aIBRIVixWlZ7JrnQqpTwEdP50jXGlIPOyhWe3F9Rt&caseno=MA/296/2024&cCode=1&cino=JHHC010249112024&state_code=7&appFlag=)

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