y IN THE HIGH COURT OF JUDICATURE AT BILASPUR M.A.NO.a^9^-W 2007 APPELLANT Tnsurer RESPONDENTS laimants ^ The Oriental Insurance Company Limited, through the bivisional Manager, Orientat Insurance Company Ltd., Divisiopal Office, Bilaspur, Tehsil <& bistrict Bilaspur [CG] vs , 1. Smt. Pramila bevi, wife of Late Hemant Singh Chandel, aged 35 years. j?. Kumari Namrata, daughter of Late Hemant Singh Chandel, aged 13 years. 3. Kumari Ruchi, daughter of Late Hemant Singh Chandel, aged 11 years. ^4. Kumari Dharana, daughter of Late Hemant Singh Chandel, aged 09 years. ,^©. bhirendra Pratap Singh, son of Late Hemant Singh Chandel, aged 6 years. 6. Smt. Rukhmani bevi ^ Chandel, widow of Late beharsingh Chandel, aged 59 years. Respondent No.2 to 5 are o minprs through their legal guardian mother Smt. Pramila Devi Chandel, widow of Late Hemant Singh Chandel. Atl residents of Village bhumka, Post t)humka, Tehsil <& District Rajnandgaon, Presently residing at Near Police Line, Kududand, Bilaspur, Tehsit <& Distn'ct Bilaspur (C.G.) Oriver 7, Ghanshyam Sahu, son of ^ ^--) t)han Singh Sahu. aged 38 years, resident of Abadipara, Village Anda, Ward No.16, P.S. Pulgaon, bistrict Durg (C.G.) Owner ^^"Smt. Kiran Jain, wife of ^ Gendumal Jain, aged 42 years, resident of Behind &igambar Jain Temple, Station Road, Durg, Tehsil <& bistrict burg (C.G.) APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 A6AINST THE ORbER bATED 10.5 . 2007 PASSEb BY THE^3RD A&DITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL. BILASPUR FPRESIDED OVER BY SHRI DEEPAK KUMAR TIWARI IN CLAIM CASE N0^9/07 ^^^\._ . _ ^ . ApDeal valued at Rs. 7.69.808/- <& fixed court fee affix^d \ Rs.157- ^) HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT RESPONDENTS M.A.fONo. 974 of 2007 The Oriental Insurance Company Limited VERSUS Smt. Pramjla ©evi& Others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri Abhishek Sinha with Shri Ghanshyam Patel, Advocates for the appellant. Shri Malay Kumar Bhaduri, Advocate forthe respondent No. 1to6. ORAL ORDER (Passed on 15.12.2010) Per: I.M. Quddusi, J. 1. The instant appeal has been preferred by the appellant/insurance company against. the award dated 10.05.2007, passed by the lllrd Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') in claim case . No. 69/07, awarding Rs. 7,69,808/- to the claimants. The award has been challenged on the basis of quantum on the ground that the income of the deceased was not assessed properly. 2. Brief facts of the case as per appellant are that, on 11.10.2005 Hemant Singh Chandel (since deceased) whije going towards his village along v^ith his friend Rupendra Sahu by his Motorcycle (Boxer), the Driver of Dumper bearing registration '\ ". CG-07-C-3110, dashed the motorcycle as a result of which ^:'".; ^ © both of them Hemant Singh Chandel and Rupendra Sahu succumbed to the injuries sustained in the said accident. 3. The claimants preferred an application before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation to the tune of Rs. 54,00,000/- for the death of deceased in the said accident.. 4. The Tribunal, on a close scrutiny of the evidence led by the parties, the material available on the record, and submissions of the parties, awarded Rs. 7,69,808/- to the claimants which is excessive to our opinion. 5. We have seen the records of Lower Court which shows that the deceased was Tube well Operator, he got his last salary for the month of July, 2005, at Rs. 2416/-, considering future prospects we take it at Rs. 3000/- per month, the deceased was also having agrteultural land and there was loss du6 to lack of supervision after d.eath of deceased, therefore we assess Rs. 500/-per month on this accountand we assess total income ofthe deceased at Rs. 3500/- (3000/-+500/-) per month i.e. Rs. 42,000/- per annum. Since there was six claimants, in view of Sarla Verma's case the standard deduction towards personal expenses ofthe deceased would be 1/5th, therefore, we propose to re-compute the amount of compensation. 6. After dedubting 1/5th towards personal expenses of the deceased, th^ yeariy loss of dependency would be Rs. 33.600/- perannum; as the deceased was aged about 34 r"^l ^^' ^.':r.<< 7. years, the appropriate multiplier would be 15 and by applying the same, the loss of dependency comes to Rs. 5,04,000/- (33,600X15=5,04,000/-). By adding further amount of Rs. 50,000/~ on other heads (Rs. 10,000/- for loss of estate, Rs. 5,000/- for funeral expenses, Rs. 10,000/- for loss of consortium to widow. and Rs. 5000/- each to flve other claimants towards loss of love and affection), total award amount comes to Rs. 5,54,000/-. Thus, the claimants are entitled for Rs. 5,54,000/- as compensation along with interest 7 percent per annum in place of Rs. 7,69,808/- as awarded by the Tribunal. In view of above, the appeal deserves to be and is hereby allowed in part to the above extent. It is held that the claimants are entitled for Rs. 5,54,000/- in place of Rs. 7,69,808/- as compensation payable by the appellant along with interest @ 7 percent per annum from the date of'application till payment is made. No order asto costs. Sd/- I.M.Quddusi Judge Sahu Sd/- N.K. Agarwal Judge M