IBBI iF!i! ^' ^<i ·t^t^t^<i^^</^;i?^,.^^-^^^ INTHE HON'Bl-E HIGH G©1,1RTOF'G:HHATTIS©ARH ATBIb^SPUR r . M.A. CC1 N0. l^l /2007 fO.B.y APPELLANT NONAPPLIGANT N0. 2 ('QWNER BEFORETHE TRIBUNAL M -.^:^ ^^' v^^--' <^"' ^s .^%3£r< ••••^T^ ^'^'" , ,• Balkrishna. Sharma, S/o. Shri Goverdhah Rrasad ShaFma, aged aboutA-^years; Caste! : . SKarma, R/'o. New Changori Bhata Gitti KBaclan Road, Raipur Drstt. Raipur (€,G.) Present ^Ad'dress :. Village : 1'1""_ ".J •- •_:;•.:'.,'- :':.1 Kapasda, Polijce Station y; Kumhari CHauki, Distt. Durg CC.G.).' .:• .^: -.••;^ RESRONDENTS APPLICANT BEFQRETME TRIBUNAL A/ERSUS 1. fl .Smt. '(3. Uma W/o. ©. Achaiyya,. aged afclbut 44 years, Caste : Reddy (Mother) 2. ^ j@. AGhsiyya, S/0. Stiri G.N, 4 Rao, age9 : ab@ut 4 Caste : dt^ 3. r- ^. Nagrnohap^Reddy, S/'o. G^^ ^;;'^A^Biy^,''::^.a^<lL^':ab years^Caste : Reddy (BrQtt-iei-) . '^s-'Respohclent.no. i fo 3'a.Fg R/0. .•'.':::^',;H(^.::'No.t:'l:39/^i^on:e-I,feBM^^ •;:^^]%^:^rOGla;,:i..PoUce;.S^at(3n/,;^^ldi 'Y::::^.®®B^i^ffi^.^|uj-^l(C:i^;^^^ ^^^Sii^^s^^S tiy:^:IS%Nli^t iJtlBI^BtSli6R DRIVERBEFORE THE TRIBUNAL 4. INSURANCE COMPANY BEFORE THE D .-1^4 9 Al' ^^' ^s^y ''^ &1 ^y' -^" ...^ /^_L 5. ^- Deepak Kumar Sharma S/o. Shri Bharat Sharma aged about 28 years, R/o. Village & Police Station : Khamhariya, Tahsil : Saja, Distt. Durg Present Address : Changoribhata Raipur, Tahsil & Distt. Raipur (C^GJ.,..—.--•"-" Divisional Manager & Office o.f the National .Insurance Co. Gondiya, C/o. Manager, ^" il-d. Divisional Office on behalf of from the » lany Durg .0.2 ) Chawla Comlex, Sai Nagar Road, Raipur, (C.G.)" through Divisional fhe Oriental Insurance Malviya Nagar Durg ;.G.) ^ ..^J>~ HK3H COURTOFCHHATTISGARH. BIL^PUR CORAM: Hon'bteShri I.M. Quddusi, A & Hon'bte Shri Prashant Kumar Mfehra. J. APPELLANT RESPQNDENTS MA(ClNo. 1431 of 2007 Baltaishna Sharma. Versus Snrt. G. Uma suid others. Appearance: Shri J.R. Verma and Shri O.P. Yadav, counset fbr the appedant Shrl SudNrAgrawal, counsel for respondentNo.S. ORALORDER (10W3C011) Folhnwng oral order of the Court was passed by I. M. Quddusi. J. This appeal has been flled t^tlw owner <rf the offencBng vehicte against the impugned award dated 31/07/2007 passed by VII Addifenal Motor Accktent Ctaims Tribureil, (F.T.C.), Diug in Ctsum Case No. 119Q005 so tar as it retetes to quantum fixed by it, However, it was directed by the leamed clahns Tribunal that tt insui'aiKaiconwany shalt pay Uie amount of compemation and recover ft from the owner of ttie dfending vehicto. 2. Brieffacts ofthe case,»perthe versiQnofthe claimante. are that the claimants are mother, father and brother of deceaaed G. Shrinivas Reddy. On 19/05^2004 deceased, atong with his friend, was going from Charoda to Tatlbandh in Suzuki motonyde bearing registratfon No. C.G.07 ZEA 78^2. Mrtorcycte was being driven by deceased G. Shrinwas Reddy and his friend was sitting as pillion-rider. As soon as they reached in front of Holiday Restaurant G.E. Road, Kumhari, one Tata Sumo vehicle bearing registratiCTi No. C.G. 0^364 being drwen rashly and negligenfly by n<m-appljcant No.1 Eteepak Kumar Shanna <tasha;l the ^y --2.- mcrtorcyde as a resutt of whteh G. Shrinhras Reddy recewed grievoys injuries and he died. He was workbig as comtuctw in Rajdey Travels and used to eam Rs.100/- per day. The claimants haw claimed compensation <rfRs.9,13.(X)0/-. 3. We have perused the toss of dependeni^ flxed by ttte Tribunal and found that the same is ewessive. 4. The decKised was bachetor aged about22 yeare, therefore ttie average age of his parents/daimants should hav®t»®naRpliad in view pf para 18 of the ftree Jydges Bench <rf 1-lon'bte Apex Court: in the case of U.P. State Road Transport CDrporaUon and othere Vs. Tritok Chandra and others Feported in (1996)4 SCC 362. 5. Further as laid-down in the case of Sarta Verma (Smt)md ottere vs. Delhl Tiwisport Cmporatton aml wother, tepwteii'm (2009) 8 S.C.C. 121, 50% of the income of the deceased, who vras a bachelor, should have been deducted toward personal livii)g e^enses. Therefore, follawing the principtes laid-down in above two cases Uie calcutation of the loss of dependency comes as under 6. The monthly income of ttw decea^ed was assess^j at Rs.3,000/- per month, therdore annual income comes to Rs.36fl(X)/-. Alter making 50% deductron for personal living ®g»nsesjtcwnes to 18,0(W-. The average age of parents is 46.5 years i.e. 47 years and tharrfore mulBpner of 13 as lakl-down in the Saria V^rma (supra) woukl be applicable and the total loss of dependenty in this way comes to Rs.2,34,(XXy-. Besides this, treatment expenses as assessed by the Tribunal at Rs.3,948/-, would be admissible. Clainants would ateo be enCUed for funeral expenses <rf Rs.5,000/- and for loss of love and affection @ 5,0001- each, comes to Rs.15,000/-, and fbr toss of estate Rs.5,000/- are awarded and thus the —-^ -Q -3- total amount towards other heads coines to Rs.28,948/-. Afteradding this amount to the loss of dependeroy i.e. Rs. 2.34.QOO/- ttie trtal comes to Rs. 2,62,948/-along with 6% simple interest per annum from the date of filing ofthe claim p^iUon till Bs payment is made. 7. The order contraiy to the above is s^-iside. but remaining diaH remain intact. The amourt to be jointly d^)osil^l jn fB»ddeposjt in a Nationalized Bank would be Rs.1 .OO.OOQ/- each to daiinants No. 1 & 2 l.e. parents of the deceased. Remaining amwint shall be paid incash. Rs. 40.000/- stell be pakl to respcndent No.3 andremaining amount shall be paid to respondente No. 1 &2 n cash. The Insurance C<^npany asweUJEB the owner/appeltant shdl be enBU^d to recover the remajnjng amourA if already paid to the etaimants fromthem. Since pay and recover has been ordered bythe Tribunal, it will be open for fte Insuriince pomiMiny to recover Uie amount from its owner whreh has been deposited in tte Claims Tribunal in the executfon of the award. ff any amount fe still in deposit thesame may be recwered whether it is in Uw fonn of fixed deposit or otheiwise. -,= Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge ys