IN THE HON'BLEHIGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C)No. -r~-" OF 2008 (APPEAL VALUED AT Rs.4,55,060/-) ^-"" APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988. APPELLANT (NON- APPLICANT N0.1) ^United India Insurance Company Limited, Branch - 0ffice(170900)2- Dr.Shankaran Road, .Namakkal637001, Tamilnadu. y A <^t-t.JLAA.AJLA»<X.V<«.Vrf^* .w-;-.:^' ^?;.^^ Throu^: Ks.. Di—onal- ^^ ^'^ \^\^ RESPONDENTS {APPLICANTNQ.U ( APPLICANT No:2) (APPLICANT N0.3) (APPLICANT N0.4) (NjON-APPLICANT ,^0.2) Manager, Divisional-Office, Main Road, Korba <Distt.- Korba (CG). VERSUS :l. Meharuddin, S/0-Jalaluddin, aged-48 years, caste- r Musalman, occupation- agricuture. ^f Husnbano, W/0-Meharuddin, £ Aged-45 Years, occupastion- house wife and, :3,, Aminullahasan, S/0- Meharuddin, aged-10 years, student. /~r' Azazhasan, S/0-Meharuddin, aged -07 years, student. Respondent no.3 & 4 are minor, through their father- Meharuddin (respondent no.l) All are R/0-Village-Parasdiha, P.S.Chalgali, Tahsil.- WadrofNagar, Distt.-Surguja :5. V.R.Dooraiswaniy, S/o- / Rainaswamy, Aged-45 years, Original R/O-R.O. New Mandi, Mukam Post-Namakkal, Distt.- M.Garh, Tamilnadu. Present Address-P.S.A.Compound Sideko Paramathi Road, Namakkasl City, Distt.-Namakkal, Tamilnadu (owner) ^&- (NON-APPLICANT N0.3) :6.. M.Jairaman, S/0-M.Muthuswamy, .f R/0-2/54, Village & Post- Nallipalyam, Distt.-Namakkal, Taniilnadu.(driver) (NON-APPLICANT N0.4) :Z. Manoj ,8/0-Sital Prasad Patel, : aged-20 years, caste-Kunbi, R/0-village-Rampur, Tahsil- Pratappur,Distt.-Surgyja (CG). HIGH COURT OF CHHATTISGARH AT BILASPUR D.B.: Hon'ble Shri Justice IJVj^ Qyddysi and Hon'bleShri Justice Prashant Kumar Mishra Appellant Miscellaneous Appeal (C.) No.403 of2008 United India Insurance Company Limited versus Respondents Meharuddin and others Present: Shri Dashrath Gupta, counsel for the appellant. Shri D.N.Prajapati, counsel for respondents No.1 to 4. Shri Rahul Mishra, counsel for respondent No.7 Manoj. None for other respondents. Miscellaneous Appeal under Section 173 of the Motor Vehicles Act QRALJ:)RDER (Passedonl 7th March, 2011) Per I.M. Quddusi, J.: Heard. 2. This appeal has been preferred by the United India Insurance Company Limited challenging the award dated 27-12-2007 passed by the Additional Motor Accidents Claims Tribunal (F.T.C.), Pratappur, District Surguja in Claim Case No.29/2007 insofar as the award relates to quantum part only. 3. The appeilant/insurance company has got permission under Section 170 ofthe Motor Vehicles Act, 1988 (henceforth 'theAct'). 4. Brief facts of the case, according to the claimants, in short, are that on the date of accident, i.e., 16-10-2006, deceased Abdulla Hasan was coming from Moran Chowk to Wadrafnagar on a motor cycle bearing registration No.CG 15 2E 7417. The motor cycle was being driven by Manoj Patel and the deceased was a pillion rider. A truck bearing registration No.HR 66 A 9259, coming from Wadrafnagar, being driven by non-claimant M. Jayraman rashly and negligently, dashed the motor cycle near Moran Culvert in Parasdiha. Both Manoj Patel and Abdulla Hasan sustained grievous injuries on their person in the aecident. Abdulla Hasan died during treatment. The claimants, i.e., father, mother and brothersof the deceased Abdulla Hasan preferred an application under Section 166 ofthe Act claiming compensation of Rs.9,97,500/-. 5 . The Claims Tribunal awarded compensation of Rs.4,55,060/- in favour of the claimants holding liability to satisfy the award on non- claimants No.1 to 3 jointly or severally. It was also held that since the truck was insured, therefore, the non-claimant insurance company/the appellant herein is liable to pay the amount of compensation to the claimants. 6. It has come in evidence that the deceased was a tailor master. Two persons were engaged by him in his shop for assistance. The Claims Tribunal has assessed his income as Rs.4,000/- per month, which cannot be said to be excessive. The age of the deceased was 18 years, therefore, the average age of his parents would be considered 47 years. Annual income of the deceased comes to Rs.48,000/-. Since the deceased was bachelor,deduction for his personal and living expenses would be 50%. Therefore, the remainder would be Rs.24,000/- per annum. According to the principle laid down by the Hon'ble Supreme Court in Sarla Verma ,,,^.,^.^,,^ \ '^-^. >l: I ^^^S^ (Smt) and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, multiplier of 13would be applicable, therefore, after applying multiplier of 13, total loss of dependency comes to Rs.3,12,000/-. Besides this, since the deceased was a young boy of 18 years, the claimants/parents of the deceased are entitled to get Rs.10,000/- each for loss of tove and affection, however, the claimants/brothers of the deceased are entitled to get Rs.5,000/- each for loss of love and affection. The claimants are also entitled to get Rs.5,000/- towards funeral expenses and Rs.10,000/- towards loss of estate. Thus, total amount towards other heads comes to Rs.45,000/-. After adding this amount to the amount of loss of dependency, total amount of compensation comes to Rs.3,57,000/-. 7 . Therefore, the claimants are entitled to get compensation of Rs.3,57,000/- in all along with the interest fixed by the Claims Tribunal, i.e., simple interest of 7% per annum from the date of filing of the claim petition till payment of the compensation. Rest of the conditions mentioned in the impugned award shall remain intact. The miscellaneous appeal is allowed in part accordingly and the impugned award is modified to the above extent. There shall be no order as to costs. ^ Gopal Sd/- LM.Quddusi Judge Sd/- Prashant Kumar Mishra Judge