2025:JHHC:36350 IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 478 of 2018 1. Mina Devi, aged about 59 years, widow of Late Ashok Kumar Saw; 2. Radha Kumari, aged about 26 years, daughter of late Ashok Kumar Saw; Both residents of Bundu, P.O. & P.S. Petarwar, District Bokaro. .... .... Appellants Versus 1. Manoj Kumar Saw @ Manoj Saw, son of Late Bhols Saw, proprietor of M/s M.S. Construction at Petarwar, at present residing at Village-Bundu, P.O. & P.S.- Petarbar (Poistrict-Bokaro: Permanent resident of Village- Putkaddidh (Barki Punnu), P.O. District- Bokaro. & P.S.-Mahuwatand, District-Bokaro 2. The Branch Manager Oriental Insurance Co. Ltd. 3rd Floor Prabodh Tower S.N. Ganguly Road, Ranchi, Jharkhand … …. Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellants :Mr. Ashim Kr. Sahani, Advocate Mr. Vikesh Kumar, Advocate Mr. Ajit Kumar, Advocate For the Respondents : Mr. G.C. Jha, Advocate ------ Order No. 10 / Dated : 03.12.2025. 1. The claimants are in appeal for enhancement of compensation of Rs. 3,11.200/- with simple interest @ 6% per annum awarded under Section 166 of the M.V. Act for the death of Ashok Kumar Saw in motor vehicle accident involving a Truck/ Loader bearing registration no. JH08B-8175. 2. The learned Tribunal refused to accept the income of Rs. 20,000/- per month in absence of any documentary evidence and awarded compensation by taking daily income of Rs. 200/- from his occupation of selling kerosene oil. 3. It is argued by the learned counsel on behalf of the claimants that a meagre daily income of Rs. 200/- has been accepted although the occupation has been admitted by the learned Tribunal that he was hawker by occupation selling kerosene oil. There is consistent evidence of C.W.1 to C.W.3 that, the deceased was a hawker and was earning Rs. 10,000/- per month and had also an agricultural income of Rs. 10,000/- per month. 4. Learned counsel on behalf of the Insurance-Company has contested the claim and defended the impugned award. It is submitted that not a chit of paper has been filed with regard to land under agriculture or the business of kerosene oil. 5. Having considered the submissions advanced on behalf of both the sides, the 2025:JHHC:36350 learned Tribunal appears to have deducted four Sundays while computing the income which appears to be unreasonable, as the deceased was admittedly a hawker and was not employed in any public or private undertaking. Further, daily income of Rs. 200/- from the business appears to be too meagre and unrealistic and, therefore, Rs.300/- per day with a monthly income of Rs.9000/- can be taken as just and fair assessment of the income of the deceased. 6. Taking Rs.9000/- as the monthly income, multiplier of 7, final compensation will work out to Rs.72,000/- x 7 = Rs. 5,04,000/-. After 1/3rd deduction = 4,83,000/-. The claimants will also be entitled to compensation of Rs. 77,000/- under the non-conventional head. The final compensation amount will thus work out to Rs. Rs. 4,83,000/- + 77,000 = Rs. 5,60,000/-. 7. Under the circumstance, the Insurance Company is directed to make payment of Rs. 5,60,000/- 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 and payment shall be made without any further delay on proper identification to the claimants. However, it goes without saying that any amount already paid will be deducted from the final compensation amount. Accordingly, Miscellaneous Appeal is allowed. Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Pawan/ - Uploaded 05.12.2025