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2025 DAILYLAW 37762 (JHR)

AKIDA KHATOON v. MD HASMUDDIN ANSARI

MA/420/2023 · 2025-12-16

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:37835 IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 420 of 2023 1. Akida Khatoon, W/o Late Md. Basir Ansari @ Wasim Ansari 2. Nayeem Ansari, S/o Late Md. Basir Ansari @ Wasim Ansari 3. Md. Moin Ansari, S/o Late Md. Basir Ansari @ Wasim Ansari 4. Md. Danish, S/o Late Md. Basir Ansari @ Wasim Ansari All resident of village-Khapiya PO Edla, PS-Simariya, District-Chatra, Jharkhand .... .... Appellants Versus 1. Md. Hasmuddin Ansari, S/o Md. Mojim Miyan, R/o Mohalla-Bakchoma, PO-Edla, PS-Simariya, District-Chatra 2. United India Insurance Co. Limited Branch at Prabhu Niwas Market 2nd Floor, Annanda Chowk, PO & PS-Hazaribagh, District-Hazaribagh … …. Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellants :Mr. Vijay Kumar Sharma, Advocate Ms. KM. Poonam Verma, Advocate For the Respondents : Mr. Mukesh Kumar Dubey, Advocate ------ Order No. 08 / Dated : 16.12.2025. Claimants are in appeal for enhancement of compensation awarded in Motor Accident Claim Case No. 44 of 2019 passed by M.A.C.T-cum-District Judge-I, Chatra whereby and whereunder, a sum of Rs.12,14,104/- has been awarded in favour of the claimants under Section 166 of the M.V. Act. 2. The facts are not in dispute. 3. The claim as preferred on the limited ground that the deceased at the time of accident, as per the finding recorded by the learned Tribunal, was 46 years, and the dependents were four in number, but the future prospect has been assessed at 10% of the income and not 25% which will be applicable for the age group of the deceased. 4. It is argued by the learned counsel for the claimants/appellants that learned Tribunal erred in deducting one-third on the personal and living expense of the deceased instead of one-fourth. 5. Learned counsel appearing on behalf of the Insurance-Company has defended the impugned award, but has not disputed the factual assertion. 6. Taking income of Rs. 10,000/- as assessed by the learned Tribunal, future prospect 25% and one-fourth personal living expense, the final compensation amount will work out as under: - 2025:JHHC:37835 Annual Income = Rs.10000/- X 12 Rs.1,20,000/- Future Prospect Rs.1,20,000/- X 25% Rs.30,000/- After adding annual income and future prospect Rs.1,20,000 + Rs.30,000 =Rs.1,50,000/- Deduction of 1/4th personal and living expense Rs. 1,50,000 - Rs. Rs.37500= Rs. 1,12,500/- Multiplier of 13 taking the age of the deceased to be Rs. 14,62,500/- Conventional Head Rs.70,000/- Total Compensation Rs.15,32,500/- 7. Under the circumstance, the Insurance Company is directed to make payment of Rs. 15,32,500/- with interest @ 7.5% from the date of filing of the claim application, within a month of the order, which shall be disbursed to the claimants by the Tribunal on terms fixed by it. Miscellaneous Appeal is allowed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/ - Uploaded 18.12.2025