IN THEHIGH COURT OF JUDICATURE AT BILASPUR M.A.(C) i5/^ /2009 2 SEt°°fii; E^ ^' i;^ £' fj •••^i'&^ APPELLANTS NON APPLICANT ^- piesw' OaWA- V)SS. '",^1'S^ ""'r^l \.vf-l ^i^\^^ >risd^ .'v.'y V" ;Y>-»' t^' RESPONDENTS APPLICANTS RESPONDENT NON APPLICANT National Insurance Co. Ltd. (Megma) Divisional office 15, National Insurance Building 1s Floor -8, India exehange Place Kolkata(W.B.) Office Station Road Near Gurudwara Durg, Distt. Durg(CG) VERSUS 1. 2. 3. 4. Kabal Singh aged 65 years (fathei, S/o Late sanjan Singh Balveer Kaur aged 62 yrs W/o Kabal Singh (Mother) Smt. Baljeet Kaur aged 40 Yrs Wd/0 Late Gyani @ Jasbeer Singh. Gurulal Singh chima aged 3 Yrs S/o Late Gyani @ Jasbeer Singh Through gardian mother Smt. Baljeet Kaur. All R/o C/o Mahender Singh S/o Purna Singh, New Khursipar Punjabi Mohalla Bhilai 12 Thana Chhawani Distt. Durg (C.G.) 5. Jaswant Singh 40 Yrs S/oPreetPalSingh R/o Shastri Nagar House No.750/3 Near C.G. Hospital Bhilai Thana Chhawani Tahsil & Distt Durg (C.G.) Owner ofVehicle N0. CG 07/E2430 Smt. Jasweer Kaur aged 48 Years W/o Jharimal Singh R/o MIG /78, M.P. Housingh Board Bhilai Thanajamul Tah 8s, Disft. Durg (C.G.) -.2.. 6. ..2.. Appeal under section 173 ofMotor Vehicle Act Against fhe award passed by 8th Add.Motor Accident Claim Tribunal. (FTC) Durg in Claim case No. 83/2008 on 6/7/2009 Appeal valued at Rs. 4,86,SOO/-^- Court Fee paid Rs. 15/- ^i.^SE^E F* AJl Ph T A, ?s. a^. 9 s ^T Vs al Sinah A other: •^avocaTe ror rne ^ -l"-'.--."^^ -^- n,\.i w^ id i Vf sUs spondenfs Nos. 1 to 4. The aDOellant- insurance comDany has filed this nst t'hs ap/ard dstcd 6.7.2009 QQSS^d bv th Accident Claims Trjbunai (FTC), SQG! •y^- - led 8th CC6) ['for ) laim oetition filed by the claimants. i.3 the respondent No.l to 4 before the c :s Act. l9'i yed with the non-applicant Nq,l,/ respondent No.5 herein. was comina towards' RaiDur froni laspur in truck number C607-E-2430. At about 6.00 a,m. in the mornina the said truck dashed with the truck bearino. reaistration number C607-ZC-0975, which was parked carelessly on the road, as a result of which said Jnsbir Sini nce, the deceased died durina the coi employment, the claimants are entitled for compensation to the tune of Rs,23,21,360/-on various heads. 4. The claims tribunal, aftei" considering the issues framed by it, allow/ed the claim application. of the apoellant and awarded a compensation of Rs.4,86,500/- on various heads. i. Learned Senior Counsel for the appellont-insurance company that the claims t^ibunat while assessina the income would arque of the dece the Act. multiDiiep has n.ot dsductsd l/3r exQsnses "s Dpoyided in e Droper hatia, learned counsel for the resoondents ;ased be o.a. irresDect've ot the tact ciaim Detition and the matter may claimants Tair'lv si as confined to whatever was allowed be deeided bv this Court it: deceased, who was the sole bread earner in the famiiy, it be difficult for the claimants to come to Durq to Dlead the case as they are livina in Puniab and their financial condifion woujd e navs he.ord learned counse! Tor tiie oarties and oerused The impuaned award as also the record of the claims tribunol below. it is evident that in the tindinqs e of the deceased qiven by t assessed pr-operjy iTiai"tss"in^ himss!f hod he bes" n!iys i.e. l/3r as has been niys?i Schedule under the Act, has assessed the contribution :eased towards his familv at Rs.36,000/- D.a. Further. has awarded Rs.2.500/- towards loss of estate. towards funeral expenses, Rs.2.000/- each to. No.l A 2 towards loss of iove & Qffection, Rs.5.000/- to the widow for ioss of csnsortium arid Rs.5,000/- to the minor it the dec he tri ;s.2.0( son for ioss of love 7 affection. Whereas, in th Section 163A of the Act ermissible eath are a • Funernl Expenses: * Loss of consortium: • Loss of estate: 2,t i.OOO/- 2.500/- 9. In view/ of tresh ths above irreaularities in the im na to remit the matter to the ci decision but considerina the submissions made by Shri counse! tor the res we are ot Court, •hat the matter be disposed of by this ircumstances ot the ised as Rs.40 Takinq into consideration the facts and case. we treot the annual income ot the as prescribed under the Second Schedule of Section 163A of the Act, and dftsr' deductin^ l/3r fror" it toi^nrds thc p€rSQrln! exoenditure of the deceased, the actual dependency comesto is.26,667/- (Rs.40000-13333). So far as f voter identity card as 27 years as on 1 ot the deceased theretore, we treat years and accordlna he aae of the deceased is concerned, in the (Ex.P-130 age of thi ,1.195, but in the po; js mentioned as the aae of the dec' ly, muitiplier of 11 he deceased is menti istmortem report th i6 years .jpproximately iased in between 51.to 5 Id be'aooiicable. Thus, after ai (26,667x11') the total and atter addinq the respefct'of death case, to th.e c Dlvina the multiDlier of 11 to Rs.26,667/- deDendency would come to Rs.2,93.337/- permissible e tot •s on other ot comDensation to Rs.3.02, ^ •? s^ .^ ^i'-.'.L Sisihon/- -^ PurtAer, the app^ellant^laimants shdll be entifl^ p.a/Jnferestontheawdrdedamouht^romthedateofa titl its actuai realization. Resppndent No.i & 2 slioit be entifled to get 15% each of the amount awaFded and the respohdent No.3 <S A^shall be entit get 35% each of the nmounft awcir'eled. 80% of •the total ambunt receiv^d by the Respondent No.3 & 4 shal^ be deposited in •(•he fixed cleposit scheme of o nationalized bank for a period of 10 y&ars., '. ! :: ;• 1 . • '. - j : In yiew of the above, we allow the appeal to the extent indicated above.No order as to costs. Sd/- I-M.Quddussi Judge