Rajnee Singh @ Rajnee And ANR. v. Jainath Pd. Yadav And ANR.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.269 of 2011 ===========================================================
1. Rajnee Singh @ Rajnee wife of Late Vijay Kumar Singh,
2. Pradeep Kumar son of Late Vijay Kumar Singh, both residents of village-Hardi, P.O. Hardi, PS. Kathaiya, Distt-Muzaffarpur.
.... .... Appellant/s
Versus
1. Jainath Pd. Yadav son of Amir Prasad Yadav resident of village-Karnoul Garh Chaturbhuj, PS. Sahebganj, Distt-Muzaffarpur (owner of the vehicle)
2. Divisional Manager, National Insurance Company Ltd. Moti Jheel, PS.Town, Distt-Muzaffarpur.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : MR. SUNIL KUMAR PANDEY, ADVOCATE For the Respondent/s : MR. ASHOK PRIYADARSHI, ADVOCATE =========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT Date: 26-11-2015 Heard the parties.
2. During course of argument, learned respective counsels have put reliance upon the judgment rendered by the Hon'ble Apex Court as reported in (2013) 9 SCC 54 in the case of Rajesh v. Raghubir Singh wherein 30% of enhancement has been identified in lieu of future prospect.
3. Counting therefrom, it comes to Rs. 4,5,600/- out of which Rs. 3,12,000/- (Rs. 2000/- for funeral + Rs. 2,500/- as compensation to the applicant = 4,500/-) has already been paid. Now remains Rs. 93,600/- over which learned counsel for the Respondent, Insurance Company (National Insurance Company Limited) has admitted that an interest to the tune of 6% per year since the day of
Patna High Court MA No.269 of 2011 dt.26-11-2015 filing of petition (22.08.2008) till its final payment will be paid at their end.
4. Hence, the instant appeal is disposed of in terms as agreed amongst the parties so indicated above. Let an award be accordingly, prepared.
(Aditya Kumar Trivedi, J) Patna High Court 26th day of November 2015 Perwez/NAFR U T