HIGH COURT OF OiHAmSCUMtH, BKAM'UR DB: HON'BLB I.M. QUDDUSI & HON'BLE K.K. AGRAWAL, JJ M.AJd. No. 3S4 OP 2008 Vs. MISC. APPEAL U/S 173 OPTHE MOTOR VEHICLB8 ACT. 1988 APPEARANCB: Mr. Dashrafh Gupta, counsel for the appellaat. None for the respondcnts. JUDGMEIIT (ORALI (03.12.2010) Per I.M. OUDDUSI. J \: 1. This appeal has been filed by the Insuraace Coinpany ^ainst fhe impugned award dated 24.10.2007 passed by the Additional Motor Accideut Claims Tribunal, Kondagaon, Bastar (C.G) in Claim Case No.61/2007 whereby ttie Tribunal has fastened Uability on thc Insuran.ee Company aa weU as the owner and driver ofthe vehicle. 2. Srieffacits ofthe case as per fhe version ofthc claimaats are that on 26.07.2006 deceased Harichand®.Harishchand was, APPELLAHT The New India Assuraace Company Ltd., throi^h its Branch Ofiace, near Jhaakar TaUdes, Jagdalpur, Tah. & District Jagdalpur (C.G). RESPONDEHTS 1 Ghasiyarara flscg, sfo Chaituram Nag, aged about 45 years, R/o vUlage Aadaabeda, Distt. Jagdalpur (C.G). 2 NavDjeet Kiiiuar Bhasin, s/o K.L. Bhasin, Marketiag Exccutfve, 187, Jabalpur (M.F^. 3 Santosh Maadhani, s/o C.R. Mandhaai, 2-C & F Complex, Devpitd, Raipur (C.G). ^ •^' .tf"' ^ ^^.^•,'y \ driviag the Motorcycle bearing Regn.No.C.G.17-B/6540 slowly aad steadity on the left side offhe road. He was going on fhe said Motorcycle froin Farasgaon to BaSaiyaon.. At that time, one Maroti Swift bearing Regn. No. C.G. 04-H/6233 which was beiag driven by respondent no. 1, Navneet Kumar Bhasia iu a rash and negl^ent inanncr, dashed the Motorcycle of Harichand, as a resiilt of whkdi, HarichaDd dicd on the spot. The deceased was a young man of28 yeare. He was workiag as Honie-guard ia Jilla Nagar Sainlk, Jagdalpur aad was drawiag the uionthfy wages of Rs.4000/-. The claimant being father and legal represenlativc of the deceased, filed claim. petition clauning to fhe tune of Rs.25,00,000/- on various heads. The leamed Claims Tribunal has heU that on 26.8.2006 deceased was driving thc motorcycle slowly and steadify on lcft side aad was going finin Farasgaon to Balt^aon, at that tune Vehicle having Regn.no.C.G.17/04-H/6233 mct wifh accident agauist the said inotorcycle, as a result of which, Harichand bas died and fhe saM accideat has been caused by respondent no.2 who was (iriving the ofFcnding vehicle 'i.e., Maruti Swift, at raadoin. The Tribunal has also held fhat it is not proved fhat respondent no.2 was not having valid and effective drivuig license at the tunc of accident. There was no breach ofconditions ofinsttFaitce PoMcy. Afler considering the inaterial ou record and the cvidence led by the claunant, the Tribunal has held that it is proved that for a period of8 tuonths, fhe deceased was eaming Rs.2518/- per monfh after certaiu deductious and for reiaaining 4 Bionths^he was not sittiug idle aad was doiag sonie works. F \: As such, the Tnbunal has assessed the inonfUy incoine of Rs.2600/- per inonth Sor the reniaining four nionths. Thus fhe Tribunal has calculatcd the annual incomc as Rs.30,544/- (Rs.2518 x 8 + Rs.2600 x 4). After adopting inultiplier 18, the total iacome was worked out as Rs.5,49,792/- (Rs.30,544 x 18). The Tribunal bas deducted one-thitd towaids personal expenses wbiclt caxne to Rs.1,83,264/-. Thus, the total loss of dependency was worked out as Rs.3,66,528/- (Rs.5,49,792 - 1,83,264/-). Besides this, the Tribuaal bas also granted Rs.5000/- towanls loss oflove aud aEfection and Rs.2000/- &r funeial expeuses. As such, fhe Tribiuaal has awarded a total coiapensation ofRs.3,73,528/- to the claimaat 4. Learaed counsel for tbe appellant subauts that fhe axaount awarded by the Tribunal is on h^her side. Ife contends that the Tribunal has deducted oue-thud towards peraonal expenses, but it should have been 50% as the deceased was unmarried and the inultiplier adopted by the Tribiinal fe also on h^her side. 5. . In our opuuon, the Tnbunal has committed error in calculating the incoine ofthe deceased afber soiae deductioas whereas fhe gross salaiy should Iiave been taken into consideration, Besides fhis, future prospects are also liable to be taken into consideration as the deceased was aged aboyt 27 years. The gross incoine of the deceased was proved as Rs.3040/- per inonth, therefore, we take this ' amouat as inonfhly iacoiae of the deceased. As such, the aonual incomc coines to Rs.36,480/- (Rs.3040 x 12 inonfhs). 6. Since the deceased was urunarried, if we deduct 50% towards personal expenses, the annual loss of depcndency comes to Rs.18,240/-. In the instaut case, fhe clamiant beiag father, age of the pareuts is also liable to be considered. Therefore, accordiag to the recent decision ofthc Supreiae Court ia Sarla Venna's case, ifwe adopt iniiltipUer 14, ffae; total loss of dependency conies to Rs.2,55,360/- (Rs. 18,240 x 14). Besides this, we also grant Rs.10,000/- for loss oflcwe and affection; Rs. 10,000/- for loss ofestate aod Rs.5000/- for fiuieral expenses. Ifwe add Rs.25,000/- under titiese heads, fhe total coinpensatfon coincs to Rs.2,80,360/- which the claunaats are entitled to receive Smsa. fhe appeBaut. Accordiagty, the award of tfae Tribunal fhat is Rs.3,73,528/- is reduced to Rs.2,80,360/-. The rest of fhe couditions inentioned ia the awatd shall remain ia tact In the result, the appeal is atlowed in part. The impugned award dated 24.10.2007 is xaodified to thc above exteafc Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge