^^, ^l- IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHArD3SGARIi MISELLANEOUS APPEAL (C) N0.- Vtjg OF 2010 Bnfll®Bflnel (MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEH1CLE:S A< 1\ I'^ti) APPELLANTS CLAIMANTS ^ Smt. Geeta Yogi, W/o Late Suresh Yogi, iiged ^jp^about 45 years, C\-^'.'^' ?• Kumari Bharti Yogi, D/o Late Suresli Yogi, ^s"^^^ agedabout 18 years' ,..••.y--\\^'> 3. Kumari Manisha Yogi, D/o Late Suresh Yogi, ^""l^\p-<' ^ aged about z 5 years' <-<i">^'..•••"''' "<^-"" [Appellant No. 3 being minor on behalf of through lia legal guardian mother appellant No. 1 Smt. (jeeta Yi:)gi] All R/o- Village- Bhatagaon, Awadiipuri, behiixl the Varsha Complex , Bhatagaon., Rai])ur, l:)isti i 't -Raipur(C.G.) RESPONDENTS NON-CLAIMANTS 2. ^' VERSUS Vishwanath Pradhan S/o Thakur Pradl^an, aged about 25 years, R/o - Aamapal,Police Slati(»i- Kishor Nagar, District - Angul( Orissa) [Driver ofVehicle Truck bearing registration No. O.R. 15/D/5889 ] Sajjan Kumar Agnval, S/o Baidhmaan Agrwc>l, R/o -Hubrisingha, Angul, Police Station " Angi.il, District - Angul ( Orissa). [Registered owner ofVehicle Truck bearing registraiion No, O.R.15/D/5889] k / The Branch Manager, The Nationsil Insiiranti' Company Limited, through Divisional Managu. Divisional Office, Mobin Manjil, G.E. Roii*). Raipur, Tahsil & District - Raipur (C.G.) [Insurer ofVehicle Truck bearing registration No O.R. 15/D/5889] 4. ^ Smt. Ranjeeta Saluja, W/o Rajkumar Saluji:i, ^" ^ aged about 27 years, R/o - Gurdasmal D-305, Shailendra Nagar, Raipur District - Raipur( C.G.) [Registered owner ofVehide Metardor bearing registration No. C.G.04/J/3130] 5.^ The New India Insurance Company Limitcil. through Divisional Manager, Divisiotiat ol'tlce ?S4 >. 2 L.I.C. Building, Vyasayik Parisar, Pandri Raipui, Tahsil & District- Raipur.(C.G.) [insurer ofVehicle Metardor bearing registration No. C.G. 04/J/31 ;«11 HIGH COURT OF CHHAmSGARH AT BIIASPUR M.A. <C)No.l 199 of2010 APPELLANTS Smt. Geeta Yogi & others VERSUS RESPONDENTS . : Vishwanath Pradhan & Others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT SB: Hon'ble Shri Justice N. K. Agarwal. Present : Shri Dharmesh Shrivastava, Advocate for the appellants. Shri Dashrath Gupta, Advocate for respondentNo.3. None for respondentNo. 4 & 5 though sen^ed. ORAL ORDER (Passed on 03.02.2011) The instant appeal has been preferred by the appellant against the award dated 22.04.2009, passed by the IXth Additional Motor Accident Claims Tribunal (FTC), Raipur (for short 'the Tribunal') in claim case No. 102/08, awarding Rs. 2,25,500/- as compensation in favour ofthe claimants. Brief facts of the case according to the appellants are that, on 12.06.2008, Raju @ Dharmendra Nath Yogi (since deceased) while driving Matador bearing registration No. CG-04-J-313, near Village Jora the said Matador was dashed by the driver of Truck bearing registration No. OR-15-D-5889, as a result of which he succumbed to the injuries sustained in the said accident. ^x; 3. As against Rs. 40,00,OOO/- claimed by the mother and unmarried sisters of the deceased, the Tribunal, awarded total sum ofRs. 2,25,500/- as compensation in favour ofthe claimants along with interest @ 7.5 percent per annum from the date ofapplication till its payment. 4. Shri Dharmesh Shrivastava, leamed counsel appearing for the appellants would submit that the amount of compensation awarded by the Tribunal is shocking on lower side which deserves to be suitably enhanced. 5. On the other hand, Shri Dashrath Gupta, leamed counse! appearing for the respondent No. 3, supported the award and would submit that in the facts and circumstances ofthe case, the Tribunal has rightly passed the award which deserves to be upheld. 6. I have heard the counsel appearing for the parties and perused the order impugned. 7. The Tribunal assessed the income of the deceased at Rs. 3000/- per month i.e. Rs. 36,000/- per annum; deducted 2/3 of it (i.e. Rs. 24,000/-) towards personal expenses ofthe deceased; applied multiplier of 18, assessed the amount of compensation towards loss ofdependency at Rs. 2,16,000/- (12,000/- X 18 = 2,16,000/) and farther awarded Rs. 2,000/-for funeral expense, Rs. 2500/- for loss of estate and Rs. 5000/- for loss of love and affection, and thus awarded total sum ofRs. 2,25,500/-(2,16,000/-+9500/-) in favour ofthe claimants. ^,^. 'Y'-.,- ^•"' ^ ^.^E'.:.^' 8. The claimants are mother, aged about 45 years, and unmarried sisters ofthe deceased, thus, in view of Sarla Verma's case the standard deduction towards personal expenses of the deceased would be 50 percent and not 1/3rd as deducted by the Tribunal. Therefore, I propose to re-compute the amount ofcompensation. 9. After deducting 50 percent towards personal expenses of the deceased, the yeariy loss ofdependency would be Rs. 18,000/- per annum; looking to the age of the claimants, the appropriate multiplier would be 14 and by applying the same, the loss of dependency comes to Rs. 2,52,QOO/-. By adding forther amount of Rs. 25,000/- on other heads (Rs. 5000/- for funeral expense, Rs. 5000/- each for loss oflove & affection and Rs. 5,000/- for loss ofestate), total amount for which the claimants are entitled comes to Rs. 2,77,000/-. The Tribunal has already awarded Rs. 2,25,500/-, therefore, the claimants are entitled for a fiirther sum ofRs. 51,500/~ as compensation. 10. For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation ofRs. 2,25,500/- awarded by the Tribunal is enhanced to Rs. 2,77,000/-. Therefore, the claimants are entitled for a forther sum of Rs. 51,500/- as compensation along with interest @ 7.5 percent per annum from the date of application till its payment is made. No order as to costs. Sd/- N.K. Agrawal Judge