RANCHI, India, Jan. 3 -- Jharkhand High Court issued the following order on Dec. 2:

1. The claimants are in appeal for enhancement of compensation awarded under Section 166 of the Motor Vehicle Act in Motor Accident Claim Case No. 58 of 2017 passed by MVACT, Hazaribagh, whereby and whereunder, compensation of Rs. 8,40,000/- has been awarded for the death of Sahdev Mahto in a motor vehicle accident involving a truck bearing registration No. JH-02L-1808.

2. It is argued by learned counsel for the appellants that the deceased was working as a mason at the time of accident, deposed by the witnesses i.e. C.W.-1 and C.W.-2. Learned Tribunal has accepted the occupation of the deceased to be that of Mason in its finding on Issue No.6. However, his income has been assessed to be Rs.5,500/- per month at the time of accident in January, 2017.

3. It is argued that the income of the skilled labourer as per the minimum wages of the notification of 2015 is taken into account, the minimum wage for semi-skilled labourer will be Rs. 6,860/- and that of a skilled labourer will be Rs.9,100/-.

4. It is argued by learned counsel for the Insurance Company that the claimants could not establish that the deceased was working as a Mason, as no corroborative evidence was brought on record, either of the work place where he used to work or any other of his co-workers would have said that the deceased was working as Mason. The widow (CW-1) has deposed that the deceased was a part time Mason. CW 2 has stated that the deceased had worked as a mason in her house five years ago.

5. Having considered the submissions advanced on behalf of both sides, it appears that the sketchy evidence has been brought on record regarding the occupation of the deceased that he was a mason. Claimant No.1 herself as deposed that the deceased was not a full time, but a part time, mason. Even if it is accepted that the deceased was a part time Mason, this Court is of the view that an assessment of monthly income of Rs.6,500/- per month will be just and fair.

6. Taking Rs.6,500/- as the monthly income, the age of the deceased to be 45 years and since he died leaving behind three dependents, personal living expenses to be 1/3rd, future prospect will be 25%, final compensation amount will work out as under:

Table 0mitted can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfGVK9i4jxT49qwsrccxAhmL%2BFo1XlFy%2B%2BjZ%2Fp5DIsWzM&caseno=MA/11/2022&cCode=1&cino=JHHC010026832022&state_code=7&appFlag=)

Thus, the claimants shall be entitled to compensation for a sum of Rs.9,87,000 with interest at the rate of 7.5% per annum from the date of filing of claim application. Insurance Company shall make the payment to the Tribunal within a month of this order, which shall be disbursed forthwith to the claimants as per the terms fixed by it. Interest will not be admissible on the compensation amount under the head of future prospects, for the reasons given by this court in M.A. No. 386 of 2023 dated 18.11.2025.

This Misc. Appeal is accordingly, allowed. Interlocutory Application, if any, is disposed of.

It goes without saying that the amount, already paid, shall be deducted from final compensation amount and the statutory amount deposited by the Insurance Company shall be remitted to the learned Tribunal for being adjusted against the final compensation to be paid to the claimants.

Disclaimer: Curated by HT Syndication.