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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Ghanshyam Mishra @ G. Mishra, Son of Late Baikunth Mishra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
1. Both these civil miscellaneous petitions arise of the order passed at the execution stage arising out of Motor Accident Claim Case No. 100 of 2017, whereby and whereunder a compensation of Rs. 45,84,000/- has been allowed in favour of the claimants for the death of Baikunth Mishra who is the father of the claimants.
2. Petitioner no.1 of the claimants moved the learned Tribunal for modification of the award, to recall the direction to deposit 50% of the compensation amount in fixed deposit scheme for a period of six years.
3. Learned counsel appearing on behalf of the claimant contended that on account of death of his father and financial hardship, he is in need of the amount for the present and therefore, the petition for release of the entire sum was made before the learned Tribunal. It is also submitted that the claimant is major and therefore, there was no reason to deposit 50% of the amount in fixed deposit scheme.
4. Considering the grounds taken for partial modification of the award, the Civil Miscellaneous Petition No. 13 of 2025 is allowed and petitioner will be permitted to withdraw the total compensation amount awarded in his favour in
Proper calculation of compensation for dependents under the Motor Vehicles Act based on the deceased's income and legal precedents.
Motor Accident Claim – Compensation modified - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
Point of law: deceased was working as a Senior Manager in Quality Control Department and earning a sum of Rs.17,98,408/- per annum. It is also evident from Ex.P.10-salary certificate that the decease....
The sufficiency of evidence and the principles of compensation for loss of dependency were central to the court's decision.
The main legal point established in the judgment is the determination of compensation for dependents, loss of consortium, and the calculation of personal expenses.
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