Neutral Citation No. 2026:JHHC:24425 IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 161 of 2019 M/S National Insurance Company Limited, through its Divisional Manager, Divisional Office, at B.P. Agarwalla Building, Dhansar, P.O. & P.S. Dhansar, District - Dhanbad (Jharkhand) through its Jharkhand Legal Cell, Kutchery Road, P.O. Ranchi University, P.S. Kotwali, District - Ranchi. (Insurer of Tanker bearing NO. WB-03C-6350) ... Defendant No.2/Appellant Versus 1. Abhijeet Das, Son of Sri Dilip Kumar Das, Resident of Qr. No. Type 4/18, Sudamdih, Main Colony, P.O. & P.S. Sudamdih, District - Dhanbad, State- Jharkhand. …… Plaintiff/Respondent 2. Pioneer Transport, 2A Ganesh Chandra Avenue, Commerce House, 3rd Floor, Room No.8, P.O. G.C. Avenue, P.S. Bara Bazar, Kolkata- 700013 (West Bengal). ... Defendant No.1/Respondent --------- CORAM: HON’BLE THE CHIEF JUSTICE --------- For the Appellant: Mr Manish Kumar, Advocate --------- 08/Dated: 14.08.2026 1. Heard Mr Manish Kumar, learned counsel for the appellant. 2. I.A. No. 3177 of 2019 seeks condonation of delay of 116 days in filing the accompanying appeal. 3. The respondents have been duly served. 4. I have perused the averments in the IA, and I am satisfied that they constitute sufficient cause. Accordingly, the delay is condoned, and I.A. No. 3177 of 2019 is disposed of. Neutral Citation No. 2026:JHHC:24425 5. At the request and with the consent of Mr Manish Kumar, the appeal is taken up for final disposal, since it relates only to the quantum of compensation. 6. Mr Manish Kumar submits that there was no evidence of the claimant’s income, as he was only a student. He submitted that the award towards pain & suffering and loss of amenities/happiness and enjoyment of life is quite excessive. He submitted that there was no evidence about future medical expenses as well. 7. The records were called for in this matter, and I have perused the same. I have also considered the reasoning in paragraphs 14 and 15 of the impugned award. I am satisfied that no case is made out for interference with the quantum. 8. In this case, as per the disability certificate produced on record (Ext-2), the claimant was assessed with a disability of 45% in relation to post-traumatic partial alkalosis of the right knee. The certificate certifies that the disability is permanent in nature. The Doctor has no doubt deposed that the disability is related to a particular limb and not to the whole body. 9. The Tribunal has assessed the functional disability at only 30%, not 45%. This is consistent with the decisions of the Hon’ble Supreme Court on this issue. As to income, it is true that the claimant was a student. However, there is evidence that the claimant was a third-year B.Tech (E.E.) student at Aryabhatta Neutral Citation No. 2026:JHHC:24425 Institute of Engineering & Management, Durgapur (West Bengal). Based on this, the determination that the claimant’s monthly income would be Rs. 10,000/- is quite conservative and calls for no interference. Nothing has been added for future prospects either. 10. There is sufficient evidence about the nature of injury/disability and the consequent pain & suffering. Therefore, the award of Rs. 1,00,000/-under this head calls for no interference. This is a case of permanent disability; therefore, a consolidated award of Rs. 1,00,000/- towards loss of amenities, happiness, and enjoyment of life also warrants no interference. 11. Further, the evidence on record shows that the claimant would require medical treatment in the future. This is given the nature of the injuries sustained by him. In any event, only Rs. 50,000/- has been awarded and that too calls for no interference. 12. Accordingly, I am satisfied that the compensation amount awarded by the Tribunal is just and calls for no interference. 13. This appeal is accordingly dismissed without any order for costs. 14. The appellant must now deposit the awarded amount within two weeks from today, together with the interest as awarded. Once the amount is deposited, the claimant will be at liberty to withdraw it after providing identity and bank details to the Registry. Neutral Citation No. 2026:JHHC:24425 15. The amount should be directly transferred to the claimant’s bank account, and under no circumstances should the amount be disbursed otherwise than through the regular banking channels. 16. Since the claimant has not appeared today, the Registry must intimate the claimant about this order so that he can withdraw the compensation amount. The statutory deposit amount can be returned to the Insurance Company once the compensation amount is disbursed to the claimant. The direction for pay & recovery is not interfered with. 17. The appeal is disposed of in the above terms without any order for costs. 18. The pending IA will not survive and is disposed of. (M. S. Sonak, C.J.) August 14, 2026 N.A.F.R. Manoj/Sharda/Cp.2 Uploaded on 17.08.2026