@ (Q (6V g @Jr?§i:§w 3gzgg§ IN THE HIGH COURT OF JUDICATURE AT BILASPUR: C‘G. MISCELLANEOUS APPEAL Nag? 0 OF 2004 MISCELLANEOUS APPEAL UNDER SECTION 173‘ MOTOR VEHICLES ACT, 1988 Appellant : J United India Insurance Co. Ltd., Non-applicant No.3 ’ Through Divisional Manager, United India Insurance Co.Ltd. Kutchery Chowk, Raipur Vs. Respondents : 1) Chandragiri Ramesh S/o Panchlaiya Yachavaran, aged about 3OYears,R/o Gudur Nallor Andhra Pradesh, * Through—Smt. Shyamkala,through Satyanarayan, 10/536,Z.P.,High School Road, Near D.A.V.College, Gudur g}. ,g‘iwt-W District Nallor(A.P.) “V (Tmck Driver) 2 Smt.Shyamkaa, through Satyanarayan, 10/536, Z.P.High ¢ School Road, Near D.A.V.College, Gudur, District Nallor 'y' (A.P.) (Truck Owner) Non-Applicants 1 & 2 a 3) j/Smt. Savitri Devi W/o Late Shri Ramakant Tiwari, aged about “ 32 years, L 4) [VKuKavita D/o Late Shri Ramakant Tiwari, aged about 12 years, ,5) 1% Ku.Jyoti D/o Late Shri Ramakant Tiwari, aged about 9 years, f6) 11/16 Anshu D/o Late Shri Ramakant Tiwari ,aged about 3 years, 7) K/u. Mumi D/o Late Shri Ramakant Tiwari, aged about 1 ‘ onth, Nos. 4 to7 are minors, through Wali mother Smt. Savitri Devi W/o Late Shri Ramakant Tiwari, s All R/o Sector-3, Street No.9,Block No.9,Quarter No.C Bhilai, District Durg (C.G.) N0s.3 to 7/ Applicants a Claim in appeal for setting aside the award Valued at Rs. $31,142?- Fixed Court Fee, affixed at RSS1 5/- (Reeceiptregarding deposition of Rs.50,000/- towards N.F.L. is being flled herewith) 1 t ‘ IN THE HIGH COURT OF JUDICATURE AT BILASPUR: C.G. MISCELLANEOUS APPEAL Nag/CZ 0 OF 2004 MISCELLANEOUS APPEAL UNDER SECTION 173, MOTORVEHICLES ACT, 1988 i J r WES 7, , W Lug w I Appellan ‘Nbn-app] ( Resgohdei (F ~g navmairc ‘fiwari we» Lane $hx-i Remakam: Tiwari,_ ageé gamut 6 yearS. /JS < Thamagha- wali Eather $m‘c. $avitri mavi / f / w/«a Rmakant riwam. Ia/ex $ectar 3, $trea‘t mg§. -bl@ck4m.9 Lt;r.h3£a.C; gmuai, Disatrict— 131mg (£35.) v " HIGH COURT OF CHHAT'E‘ISGARH : BILASPUR M. A. No. 790 of 2004 ‘ Appellant Unitad India Insurance Compaxly Ltd. Vsrsus Respondents Chandragim' Ramesh 65 others AP?EAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 9f DB: Hon’ble Shri I. M. Quddusi 8a Hon’bla Shii Justice N. K. Agalwal, JJ Shn‘ Sailjay S. Agajwal, Advocate for the appellant. None for ’rhe respoxxdents No. 1 and ’2. V g‘zhri N. S. Dhurandhar, Advocate for the respondents No. 3 to 8. . ‘ ORDER (Oral) . ( Passed on this 29th day of September, 2010 ) Per I. M. Quddusi, J. " .1. ThiS appeal, filed by the Insurance Company, arises from the award dated 31.3.2004, paSsed by the 8th Additional Motor Accident Claims Tribunal (FTC), Durg, in Claim Case No. 105/2003: awarding total compensation of Rs. ll,31,142/ — to the . $V claim ants. L 2. The bm‘ef facts, in nutshen, are that Ramakam Tiwam‘ was Head Constable in C.I.S.F. Durg. On 4.8.2002‘he was going to Bhilai from Hydrabad by driving the vehicle ~ Car, bearing registration No. N.D. 28-Nf3301. At about. 12.30 p.111. near Mouja Daroda, on the National Highway No. 7, aTruck, bearing registration No. MP, 26~UI 2066, being driven by the non—applicant No. 1 (Chandra Gizi) in a rash andi‘iiegligent manner hit the car, thereby Ranlakant Tiwari and two iothers, who were sitting in the car, died on the spot. The claimants, being legal heirs of the deceased Ramakant Tiwari, filed a claim case under Section 166 of the Motor Vehicles Act, go 1988 for award of a total compenSation of Rs. 21,90,000] - under vaxious heads. 9 1 1 The non-applicants No. 1 and 2 i.e. driver and owner remained eX—parte before the Tribunal. Learned Tribunal on the basis of the pay-slip of the deceased assessed his monthly as Rs.6429/— and Rs. 77148/— as yearly income. Taking into consideration that the deceased was , mjntajning his widow and nve children, deducted Rs. 11022 by the ratio of 1/7 and assessed the dependency of Rs. 66,126/—. Taking into‘consideration the age. of the widow i.e. 32 years, applied the multiplier of 17, thereby awarded Rs. 11,24,142l— as compensation. In addit‘on to that Rs. 2006f was awarded towards funeral expenses and Rs. SOOOI— towards consortium. Thus, la total compensation of Rs. 11,31,142/- was awarded by I the Tribunal along with 90A) interest from the date of the nling of the Claim petition. The non—applicants No. 1 to 3 i.e. driver, owner and insurance company were jointly and severally held liable to pay the amount of compensation. l We have heard learned counsel appearing for the parties and perused the lower Court record. The date of birth of the deceased was 16.1.1961, therefore, at the time of death he was aged about 41 years. Thus, according to the decision of Hon’ble Apex Court in Sarla Verma (Suit) and others Vs. Delhi Transport Corporation and another (2009) SCC 121, multiplier of 14 would be applicable. There is no dispute about the income of the deceased. However, in V the case on hand, according to the decision in the case of Safla Verma (supra) the standard deductions for personal expenses would be 1/4‘h , as there were six dependents on the 1 ; deceased. Therefore, after deducting 1/4‘11 Le. Rs. 19287/— from the total income i.e. Rs. 77148,’ —, the yearly dependency comes to Rs. 57861] -. If we apply the multiplier of 14, the compensation is assessed as Rs. 8,10,054/—. Further, the compensation towards loss of love and adection to five children at the rate of Rs. 50001— each, it would come to' Rs. 25,000] -. In the head of consortium to u the widow Rs. l0,000/- would be justinable. Rs. 5000/- towards v funeral expenses and Rs. 5000/— towards loss of estate are also awarded. Thlis, by addition of total Rs. 45,000] — ( awarded under different heads), the claimants are entitled for a total compensation of Rs. 8,55,054/ -. > The interest, counsel fees as well asother conditions, as has been directed by the Tribunal in the impugned award shall remain -‘ intact. In View of the foregoing, the appeal is allowed in part. The impugned award dated 31.3.2004 is modified to the above extent. No order as to costs Ksdl- N. K. Agarwa‘ ‘ Judge t, f ‘ l ’ 1.M.Quddusi , Vi Judge LIL? 31"