IN THE HIGH COURT OP CHHATnSOARH AT BIIASFUR lNo.^i_/2005 Dmsio Miac. Appeal No. ./2005 il OBI <"' APPELIANT 'fiefendant No.3 ^ Xbe Qrtental Insurauce Compaay Ud., Raipur, tfarougjh Ita Dnrisional Manager, Dnrisuonal Office, BilaaptM" (C.G.). -Versus RESPONDENT CIflimaat No. 1 RESPONDENT Claimaat No,2 RESPONDENT Claimant No.3 RESPONDENT Clauuant No.4 KESPONDENT Claiinaut No.5 _/.*' Vl.v , ^< ......^ff^ €^y '^.- ^0"RSSPONDENT Defendant No. 1 ^l.•^ 2- s./t V Siut. ReKha, 26 yeara, Wd/ o Late Shri Robit Ld. Shri Dias, 4 yeara, S/o Late Shri Rohlt Lal. Shri Diswa, 6 years, D/o Late^ri-S^it LflL Shri Pataialal, 50 yeara, S/ o shri Mai^al Chand; iA3:-T^-8a"" h.^s~ '"/.tl«.v° •^ov 5^ ^ •^^ ^A^ 6. Snit. Indubala, 48 years, W/ o Shri Pannalal. Claimants No. 2 & 3 are aiinor, Through natural guardiaa, inofher, Smt. ReKha, Wd/o Late Shri Rohit Lal. AU. R/o Qaneahpur, P.0. Vishrainpur, District- Raipur (C.G.) Presently R/o Post - Urla, P.S. Urla, District-Ralpur. Shri Parasram, S/o Shri Lasanau Raikwar, Throu^i. - Sardar Bhupendra sit^h, S/o Shri Moti Singh, R/o A.K.T. Compauy, 324, Bhaawar Kunba Road, Indore, Tahsil & District- Indore (M.I\) - DriVBT- RESPONDENT Defeadaat No.3 7. Shri Sardar Bhupesadra Siag^i, S/ o Shri Moti Singh, R/ o A. K. T. Coiupany, 324, Bhaawar Kunba Road, ludore, Tahsil & Distric- Indore (M.P.). - Owner - APPEAI, VSDStt 8BCTIO»173 OF THE MOTOR VBaiCUES ACT. 1988. ^ .-.L^.-. Appealvalued at Rs. 6,14,000/-. F- [1k HIGHCOURT OF CHHATTISGARH AT BILASPUR M.A. No.938/2005 APPELLANT The Oriental Insuranc'e Company Ltd., Raipur Versus RESPONDENTS Snit. Rekha and others DB:- HON'BLE SHRI I.M. QUDDUSI & HOK'BLE SHRI N.K. AGARWAL. JJ ^"H ^"y PRESENT:- Shri Ajay Mishra, Advocate for the appellant. Shri S.C. Vemia, Advocate for the respondents No. 1 to 3 and 5. ). ORAL ORDER (30-8-2010) Per I.M. OUDDUSI, J 1, The appellant/Insurance Company has preferred this appeal against the award dated 7-5-2005 passed by fhe V& Additional Motor Accident Claims Tribunal, Raipur (tn short 'Claims Tribunal') in Claim Case No. 98/2004. 2. Facts of the ease in brief are fhat on 26-1-2004, at about 1 p.m. truck bearing registration No. MP 09 D 7489 beihg driven by respondent No. 6, owned by respondent No. 7 ahd insured by appellant dashed the motorcycle being driven by Rajendra and Rohitlal was pillion rider near village Chand^ri, as a result of which Rohiflal and Rajendra died. The legal heirs of deceased Rohitlal filed the instant claim petition under Section 163A of the Motor Vehieles Act, 1988. Leamjed Tribunal vide impugned award awarded an amount ofiRs. 6,14,000/- to the clEdraants, against which the instant appeal has been preferred by the Insurance Company. ; /• '• '• 3. This appeal has been pressed on the quantum only and permission under Section 170 ofthe Act has been obtaine;d. 4. It appears that in para 14 of the award, leamed Tribunal ha|s mentioned the income of fhe deceased as Rs. 3500/-|per a.i;; (S»l«t,^ .fr.v£:. ~^i •.^"*'"»>. s ^,. ^ ^SQK "'.' 1 c). 7. H. & month and after deducting l/3rd toward personal expenses, Rs. 3000/- per month has been mentioned towards loss of dependency, i.e. Rs. 36,000/- per annum, which appears to mis-calci-ilation. Therefore, taking the income of the deceased as Rs. 3500/- per month, the annual income of the deceased comes to Rs. 42.000/-, 1/3^ of which comes to Rs. 14,000/- and after deducting 1/3rd i.e. Rs. 14,000/- from the annual income, the loss of dependency comes to Rs. 28.000/- per annum instead ofRs. 36,000/-. Therefore, the multiplier of 17 would be applied towards Rs. 28,000/- and not Rs. 36,000/- which com.es to Rs. 4,76,OOO/-. Leamed Tribunal has only awarded Rs. 2000/- toward funeral expenses and nothtng has been awarded towards loss of consortium and loss of estate. Considering the facts and circumstances of the case as discussed above, we are of the opinion that the matter requires reconsideration at the end of Claims Tribunal. Therefore, we set aside the impugned award dated 7-5-2005 and remit the matter back to the Claims Tribunal for fresh decision. The Claim Application shall be restored and it shall be decided in the light of the observations made above. The Tribunal shall afford opportunity to both the parties to adduce evidence and argue their case. The Tribunal shall decide the matter as early as possible preferably within a period of 3 months from the date of appearance of the parties. The records of the Claims Tribunal shall be sent back forthwith. '». The parties shall appear before the Tribunal along-with copy :of this order on 19-10-2010. 10. Accordingly, the appeal is allowed. Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge ^