Neutral Citation No. 2026:JHHC:20465 IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 133 of 2014 1. Most. Veena Devi, W/o - Late Bijali Ravi Das, 2. Priti Kumari, D/ o Late Bijali Ravi Das (Minor) represented through her mother Most. Veena Devi, 3. Bablu Kumar, Son of Late Bijali Ravi Das (Minor) represented through his mother Most. Veena Devi, All Permanent Residents of vill.- Karma, P.O. Karma P.S. Mandu (O.P. Kuju) Disst. Ramgarh, Jharkhand. At present residing at vill. Gomiadih. P.O & P.S. Gomiadih. Disst: Bokaro, Jharkhand. ... Claimants/Appellants Versus 1. Arif Khan, S/O Bahadushah Jafar Khan, R/o vill. Barbnala, P.O. & P.S.Ambala, Dist-Ambala. At present resident of Main Road, Kuju, P.O. & P.S. Mandu (Kuju). Dist-Ramgarh (Owner of Truck no. HR- 37A-9791) 2. Abdul Bahadur Khan S/O Bhola Khan Resident of Vill- Subhas Electric, Thapar Khana, p.o.- g.p.o., p.s.- Kotwali, Dist. Ranchi at present resident of Main Road Kuju, P.O. P.S.-Mandu (Kuju), Dist- Ramgarh (Driver of the Truck no- Hr-37-A-9791) 3. National Insurance Company Ltd., Regd. Office-3 Middletown Street post Box no. 929 Kolkata 700071 Branch Office National Insurance Company Ltd. Ramgarh Kent, Main Road, Ramgarh, P.O & P.S. Ramgarh, Dist-Ramgarh. Divisional office at Bokaro Steel city, Sector IV, P.O. & P.S. Bokaro, Dist.- Bokaro. ... Respondents/Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE --------- For the Appellants: Mr Harsh Chandra, Advocate Mr Abhijeet Kumar Singh, Advocate Mr Shashank Kumar, Advocate Mr Surya Harsh Mishra, Advocate For Resp. Nos.1&2: Ms Shipra Sonam, Advocate --------- Neutral Citation No. 2026:JHHC:20465 11/Dated: 10.07.2026 1. Heard Mr Harsh Chandra for the appellants and Ms Shipra Sonam for the 1st and 2nd respondents. 2. The 3rd respondent is duly served in this matter, and the order- sheets record that the Insurance Company was in the past represented by Advocates. 3. This appeal is directed against the judgment and award dated 31.01.2014 in Claim Case No. 51 of 2009 passed by the Motor Accident Claims Tribunal, Bermo at Tenughat. 4. The appellants are the claimants, and they have appealed against the impugned award, seeking an increase in compensation. 5. The Tribunal has in this case accepted that the deceased, i.e. the husband and father of the claimants, was a driver engaged by Shri Shambhu Gupta. However, as against the appellants’ claim that the deceased was earning Rs. 4,000/- per month and consequently had an annual income of Rs. 48,000/-, held that the annual income of the deceased was only Rs. 15,000/-. 6. Now, in this case, at least four witnesses have deposed that the deceased was a driver earning Rs. 4,000/- per month. These are the widow and other relatives of the deceased. However, the employer, Shambhu Gupta, was never examined. There was no documentary evidence whatsoever to support the claim that the deceased was earning Rs. 4,000/- per month. Neutral Citation No. 2026:JHHC:20465 7. Merely because there may be no documentary evidence, the appellants' case cannot be rejected. However, the deceased's income cannot be taken as Rs. 4,000/- per month. In this case, considering the depositions and the fact that there was no dispute about the deceased being employed as a driver, it would be reasonable to hold that his income was at least Rs. 2,000/- per month, i.e., Rs. 24,000/- per year. Accordingly, it is held that the deceased was drawing Rs. 24,000/- per annum at the time of his death. 8. For future prospects, an addition of 40% would be appropriate, given the settled law on the subject. This means that the annual income of the deceased will have to be taken at Rs. 33,600/-. 9. Out of this, an amount equivalent to 1/3rd will have to be deducted towards the personal expenses of the deceased. This means that the deceased's annual income will be taken at Rs. 25,600/-. 10. In this case, there is no dispute that the deceased was 30 years old at the time of his demise in the vehicular accident. Therefore, the multiplier would be 17. This means that the compensation towards loss of dependency would come to Rs. 4,35,200/-. To this, an amount of Rs. 15,000/- will have to be added towards loss of estate, Rs. 15,000/- towards funeral expenses and Rs. 1,20,000/- towards consortium (Rs. 40,000/- towards each of the claimants). Thus, the total compensation would come to Rs. 5,85,200/-. Neutral Citation No. 2026:JHHC:20465 11. On the above amount, the respondents will have to pay interest @ 6% p.a. from the date of filing of the claim petition till actual payment. 12. Ms Shipra Sonam, the learned counsel for respondent nos.1 and 2, has submitted that the vehicle in question was insured with the 3rd respondent and therefore, the liability, if any, would be that of the Insurance Company. She pointed out that even the Tribunal has foisted the liability on the Insurance Company and the Insurance Company has raised no grievance in this regard. 13. Accordingly, this appeal is allowed, and the compensation amount is enhanced from Rs. 1,87,000/- to Rs. 5,85,200/-. The amounts already paid to the claimants can be adjusted from this amount. 14. The learned counsel for the appellants admits that the original amount has been received by the claimants. The 3rd respondent is now directed to deposit the enhanced compensation amount in this Court within six weeks from today after giving due intimation to the learned counsel for the appellants and the 1st and 2nd respondents. 15. Once the amount is deposited, the Registry is directed to permit the appellants (claimants) to withdraw it by transferring it into their bank accounts. Under no circumstances should the transfers be otherwise than through regular banking channels. Neutral Citation No. 2026:JHHC:20465 16. The learned counsel for the appellants has agreed to provide for identity and bank details so that the transfer of the compensation can be effected at the earliest. 17. The appeal is disposed of in the above terms, without any order for costs. 18. IAs, if any pending in this appeal, will not survive and are disposed of. (M. S. Sonak, C.J.) July 10, 2026 N.A.F.R. Manoj/Sharda/Cp.2 Uploaded on 13.07.2026