SHILPA THAKUR Vs. SURAJLAL BASKE

JUDGEMENT

(1.) Heard, learned counsel for the appellant.

(2.) Appellants have preferred this appeal against the award dated 12.06.2019 in MAC Case No.73 of 2018 passed by learned District Judge-I, Jamshedpur whereby the appellants/claimants have been awarded compensation to the tune of Rs.57,64,548/- along with interest @ 6% per annum from the date of filing of the claim application till payment is made. Insurance Company has been given right to recovery the compensation amount from owner of the Bolero vehicle bearing registration No.JH-01Y-3314 namely, Suraj Lal Baske, S/o Ramdev Manjhi, R/o At+P.O. Hesagarha, Pundi, P.S. Mandu, District- Ramgarh, PIN Code No.825316.

(3.) Learned counsel for the appellant has submitted that the learned Tribunal has considered the income of the deceased on the lesser side though there is consistent evidence of monthly income of the deceased- Mrigendra Pratap Thakur to be Rs.64,709/- but the learned Tribunal has wrongly calculated the compensation @ Rs.42,500/- though the salary of Rs.64,709/- is also proved by the witnesses but for calculation of monthly income, the tax component has to be deducted. Learned counsel for the appellant has further submitted that instead of 7.5% interest from the date of filing of the application till its payment as held by the Hon'ble Apex Court in the case of Dharmpal and Sons Vs. UP State Road Transport Corporation, 2008 (4) JCR 79 SC, the learned Tribunal has granted 6% interest and instead of 50% future prospect the learned Tribunal has only granted 40% future prospect though the deceased was in the age group of 31 years having a permanent job in VNL Company. Learned counsel for the appellant has thus submitted that notice may be issued to the respondents- IFFCO TOKIO General Insurance Company Ltd. as well as owner of the vehicle.