Ranchi, Aug 28 : The Jharkhand High Court has increased the compensation awarded to the family of a 22-year-old engineering student who died in a road accident, raising the amount from Rs 10.30 lakh to Rs 16.22 lakh.
A division bench headed by Chief Justice M.S. Sonak dismissed an appeal filed by New India Assurance Company and directed the insurer to pay the enhanced compensation with 6 per cent annual interest from the date of filing of the claim petition until payment.
The case relates to the death of Alind Kumar Sinha, a 22-year-old Electronics and Communication Engineering student from Dhanbad. He had a good academic record and died in a road accident.
Following his death, his mother, Pushpa Sinha, and sister, Payal Priya, filed a claim seeking compensation.
The Dhanbad Motor Accident Claims Tribunal had, on March 27, 2015, awarded Rs 10.30 lakh to the family. Challenging the order, New India Assurance Company approached the High Court, arguing that the truck involved in the accident was being driven by a person who did not possess a valid driving licence.
The High Court rejected the insurer’s contention, observing that the burden of proving the allegation regarding the driver’s licence was on the insurance company. The court noted that the insurer had failed to produce sufficient evidence to substantiate its claim.
While reassessing the compensation, the court took into account the deceased student’s future earning prospects and added 40 per cent towards future prospects. The compensation payable to the dependants was consequently calculated at Rs 15.12 lakh.
In addition, the court awarded Rs 40,000 each to the two claimants towards consortium, along with Rs 15,000 for funeral expenses and Rs 15,000 towards loss of estate.
The insurance company has been directed to deposit the enhanced compensation within six weeks, along with the applicable interest.
The order provides additional financial relief to the family of the engineering student more than a decade after the original compensation award.
