2025:JHHC:21026 --1-- M.A. No. 46 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI M.A. No. 46 of 2025 ---- 1. Munni Devi, aged about 49 years, W/o Late Vibhuti Prasad Singh 2. Laxmi Kumari (Minor) aged about 14 years, D/o Late Vibhuti Prasad Singh 3. Rupak Kumari (Minor) aged about 17 years, D/o Late Vibhuti Prasad Singh 4. Shubham Kumar (Minor) aged about 16 years, S/o Late Vibhuti Prasad Singh All are resident of village – Ward No.11, Ram Janki Mandir, Gangapur Athar, PO and PS – Gangapur, District – Samastipur (Bihar) At present R/o Bhawani Pur Doranda, Quarter No. C – 8/16, PO and PS – Doranda, District – Ranchi (Applicant No.1 is wife of the deceased and applicant No.2 to 4 are under custody and natural guardianship and represented by their mother applicant No.1 who has no adverse interest against them) .... Appellants -- Versus -- The Secretary, M/s Bihar State Road Transport Corporation, At Pariwahan Bhawan Beer Chand Patel Path, PO and PS – Boring Road, District – Patna – 800001 .... Respondent ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Appellants :- Mr. Nikhil Ranjan, Advocate For Respondent :- Mr. Pankaj Kumar, Advocate ---- 05/30.07.2025 Heard Mr. Nikhil Ranjan, learned counsel appearing for the appellants and Mr. Pankaj Kumar, learned counsel appearing for the sole respondent. 2. This appeal has been preferred against the award dated 27.11.2024 passed by learned Presiding Officer, Motor Vehicle Accident 2025:JHHC:21026 --2-- M.A. No. 46 of 2025 Claims Tribunal, Ranchi in Motor Accident Claim Case No.238 of 2023. 3. Mr. Nikhil Ranjan, learned counsel appearing for the appellants submits that the appellants are the claimants and the present appeal has been preferred for enhancement of the awarded amount. He submits that the claim case was filed stating therein that accident took place on 11.10.2022 at about 09.30 PM the deceased namely Vibhuti Prasad Singh along with associates were going to Doranda from Khelgaon on a Bolero vehicle bearing Registration No. JH–01AF–0103 and when they reached near between Khelgaon Chowk and Thana More within P.S. Khelgaon District – Ranchi a bus belonging to Bihar State Road Transport Corporation bearing Registration No. BR-01PL- 7534 being driven in rash and negligent manner dashed Bolero vehicle after going into wrong side of the road. The occupants of Bolero vehicle bearing Registration No. JH–01AF–0103 including Vibhuti Prasad Singh suffered grievous injuries. With the help of people of locality, he was taken to RIMS, Ranchi and Medica Hospital where he was admitted till 12.10.2022 to 20.10.2022 and the situation remained critical and for better treatment he was shifted to Medanta Hospital, Gurugram on 21.10.2022 through Air Ambulance wherein he died in the course of treatment on 28.10.2022 and for that FIR bearing Khelgaon P.S. Case No.100 of 2022 was registered against the driver of the alleged offending vehicle namely Bihar State Transport Corporation Bus bearing Registration No. BR-01PL-7534. In this background, the said case has been registered which has been allowed and the award has been made to the tune of Rs.93,38,294/-. 2025:JHHC:21026 --3-- M.A. No. 46 of 2025 4. Learned counsel appearing for the appellants submits that this appeal is preferred for enhancement only on the ground that under the consortium head lesser amount has been paid to the tune of Rs.40,000/- only whereas it should be 70,000/- and 10% further to be added every three years in that head. He submits in view of that the award may kindly be modified. 5. Learned counsel appearing for the sole respondent opposes the prayer and submits that there is no illegality in the award. He submits that the award itself is not maintainable as the award is ex- parte. 6. In view of above submission of learned counsel appearing for the parties, the contention of the sole respondent is not tenable in view of the fact that the appeal has not been preferred by the respondent against whom the award has been passed. 7. The Court finds force in the argument of learned counsel appearing for the appellants in light of the judgment of Hon’ble Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi reported in (2017) 16 SCC 680. 8. In view of the judgment of Hon’ble Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi reported in (2017) 16 SCC 680, in the conventional head the claimants were required to get a sum of Rs.70,000/- and 10% has to be added for every three years in that head and the learned Court has already allowed a sum of Rs.70,000/- describing the heads. However, 10% will be added for every three years in that head and as such the 2025:JHHC:21026 --4-- M.A. No. 46 of 2025 award is modified to that effect. 9. The award dated 27.11.2024 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No.238 of 2023 is modified to the above effect. 10. This appeal is allowed and disposed of. 11. Pending petition, if any, is also disposed of. (Sanjay Kumar Dwivedi, J.) Sangam/