Jharkhand HC slams police for delay, enhances compensation in Lohardaga accident case
Ranchi, April 24: The Jharkhand High Court has strongly criticised the state police authorities for delaying compensation to the family of…
Ranchi, April 24: The Jharkhand High Court has strongly criticised the state police authorities for delaying compensation to the family of a road accident victim, observing that the case reflects the “insensitivity of the State and its officials.”
Court Criticises Delay and Practice of Keeping Appeals Pending
The court took serious note of how the appeal was handled after filing. Though filed with a delay of 18 days, the petition remained defective for a long time, with repeated adjournments sought on the assurance that defects would be removed.
The court noted that despite objections raised by the Registry, no timely steps were taken to cure the defects. Even when the matter was listed before the court, there was no appearance on behalf of the appellant at one stage, yet additional time was granted. Applications to waive defects were filed belatedly, further prolonging the process.
The court remarked that it has become “almost a routine practice” to file defective appeals and keep them pending in the Registry. Such tactics, it observed, are used to delay payment of compensation to claimants, including by seeking repeated adjournments before executing courts.
It termed it “most unfortunate” that such a practice was adopted by senior police authorities, including the DG and IG, especially in a case involving compensation of just Rs. 4,52,732 for the death of a man in a 2013 accident.
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Appeal Dismissed, Grounds Rejected
The appellant had argued that inadmissible documents were considered by the tribunal and that the FIR did not mention the vehicle number. The court rejected these submissions, stating that no prima facie case of inadmissible evidence was made out.
It further observed that strict rules of evidence do not apply in tribunal proceedings and that there was sufficient oral and documentary evidence to establish the involvement of the vehicle.
The court also pointed out that such appeals are often filed using public funds, as officials do not bear personal costs, raising concerns over unnecessary litigation.
Compensation Enhanced by Rs. 2.2 Lakh
While dismissing the appeal, the High Court modified the tribunal’s award and enhanced the compensation to Raijun Khatoon, the wife of late Akhtar Ansari, and others. Referring to the Supreme Court’s ruling in Magma General Insurance Co. vs Nanu Ram (2018), the court held that consortium compensation should be granted to each claimant.
An additional Rs. 2,20,000 was awarded, increasing the total compensation beyond the earlier amount.
Directions for Payment Within Four Weeks
The court directed the appellant to deposit the enhanced compensation along with interest at 7.5% per annum from the date of filing of the claim petition within four weeks. It also ordered that the amount be transferred directly to the claimants’ bank accounts.
The Member Secretary of the Jharkhand State Legal Services Authority (JHALSA) has been asked to assist the claimants in receiving the compensation promptly. The court noted that despite the accident occurring in 2013, the family had not received compensation due to delays caused by the state.
The appeal was disposed of without costs, and pending applications were also closed.
