^ .V IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR M . A. (C) No. ^°? /200.^ APPELLANT -fiefendant No.2 le Oriental Insurance Company Ltd., Bilaspur, through its Divisional Manager, Divisional Office No.II, Bilaspur (C.G.). -Versus - RESPONDENT ^Claimant No. 1 RESPONDENT »?' ')> Claimant No.2 RESODNENT 1: , ShrLSunil Kumar, 34 years, \ 2. ...«?r" ^r' "^•/ S/o Shri Janak Ram. Ku. Priti, 16 years, S/o Shri Sunil Kumar. Shri Ashok Kumar, 13 years, S/o Shri Sunil Kumar. Respondents No. 2 and 3 are minor, Through guardian and natural Father Shri Sunil Kumar S/o Janak Ram, all R/o Endraj Ward, Police Station and Tahsil- Mungeli, District-Bilaspur (C.G.). ^" RESPODNENT Defendant No.4 ^" 4. ^ Shri Durg Prasad, 51 years, S/o Shri Ghasiram Jayaswal, R/Q Village -Piparia, P.S. Piparia, Tahsil 85 District- Kabirdham (C.G.). -Driver- .5. Smt. Premlata, 41 years, W/o Shri Chetan Chandrakar, R/o Padnabhpur, District - Durg (C.G.) ^^ -Owner- APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988, RESPONDENT -Defendant No.3 ..^^^^ /.^^ f€sr^' '^ ~^^^^ ^ ^^ ^ss^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH: HON'BLE I.M.QUDDUSI & Appellant Defendant No. 2 Resoondents HON'BLE MR. G. MINHAJUDDIN. JJ. M.A.rc1No.43of2007 The Orientaj Insurance Company Ltd. Vs Shri Sunfl Kumar and others Present: Mr. Ajay Mishra, counsel for the appellant/insurance company. Mr. Vimlesh Bajpai, counsel for respondents No. 1 to 3. Mr. Adhiraj Surana, counsel for respondent No.4. ORDER(Oralt (29th June, 2011) Per I.M. Quddusi. J; This appeal has been filed by the appellant ~ The Oriental tnsurance Company Ltd. against the award of the Motor Accident Claims Tribunal, Mungeli, Distt. Bilaspur (in short "the Tribunal") dated 2.9.2006 passed in Ctaim Case No. 85/2005, insofar as it relates to quantum part only. 2. The appellant was granted permission under Section 170 of the Motor Vehides Act. 3. Brief facts of the case, arethat on 15.5.2005 at about S in ttie moming, while wife of respondent No. 1 was brooming at Daupara Chowk, respondent No.4 Durga Prasad by driving Mahindra Jeep No. CG 07 ZD/^795 rashly and negtigently dashed her, as a result of whteh she died on the spot. Report of the accldent was lodged at Police Station : Mungeti against respondent No.4 for the offence punishable under Sections 2f9 and 304A of the IPC. After compl^ing T ..^.^•Kfea^;\ ,^:r'^ \'^// investigation, charge sheet was fited against him in the Court of Judiciat Magistrate Rrst Class, Mungeli. 4. We have heard tearned counsel for the parties and perused the jmpugned award asalso the LCR. 5. The claimants are husband and minor children of the deceased. At this stage, we are not considering the question of payment of compensation to the husband, though it has been alleged that he was dependent upon hls wife. But we cannot overrule the dependency of their minor chiidren - respondents No. 2 & 3, who were aged about16 & 13 years respectively at the time of accident. 6. Monthly income of the deceased, who was Sweeper in Municipal Council, Mungeli, has been assessed as Rs.2,500/- per month. Therefore, her annual income comes to Rs.30,OC%)/-. After deductlng 1/3rd, the remainder comes to Rs.20,000/-. Her age was 29 years at the time of accident, therefore, according to the law laid down in Sarta Venna (Smt) V5s. Delhi Transport Corporation and another, reported in (2009) 9 SCC 121, the multipljer of 17 would be applicable. Thus, after applying this multipjier, the total loss of dependenoy comes to Rs.3,40,000/-. Besides this, the husbandwould be entitled to get Rs.5.000/- towards consortium and both the minor chfldren would be entitled to get Rs.5,000/- each for loss of love and affection. Further, towards loss of estate, the daimants are entrtled to get Rs.5,000/- and for funeral expenses, Rs. 5,000/~ also. Thus, under the aforesaid heads, the claimants are entitled to get Rs.25,000/-. After adding thls amount, the totat amount of compensation comes to Rs.3,65,000/-. 7. On the basis of aforesaid djscussion, we are of the opinion that the impugned award deserves to be modified. Accordingly. the jmpugned award is modified to the extent that the claimants would be entitled to get a total compensation of Rs.3,65,000/- from the appellant - The Oriental Insurance Company Ltd. tn the name of minor chMdren i.e. respondents No. 2 & 3, Rs. 1,50,0007- each shall be deposited in foced deposjt for a period of ffve years in a nationalized bank under the guardianship of their father, and remaining amount, inclusive of interests, shall be divided into three equal parts and paid to the ctaimants. 8. The claimants would be entftled to get interest @ 7.5% per annum, as flxed by the Tribunal from the date of filing of claim petition till its payment is made. Rs.50,000/- whteh has already been pajd to the claimants shall be adjusted tewards the amount of compensaUon. 9. The appeal is allowed in part to the above extent. 10. No order as to costs. 11. Certified copy as per rules. Sd/- I.M.Quddusi Judge Sd/- G.Minhajuddin Judge Khan/- 4-