J- IN THE HIGH COURT OF CHHATTISGARH AT BILASPURfC.G.1 M.A. FC1 N0. .6^S OF 2007 APPELLANT:- The Oriental Insurance Company Ltd.BKria't ^ESPONDENT N0.3 ,^F^^^t^r^pr^t^^ t^> ^ ^ GWD^H^^ ^uf^ci (^ g'^fl -VERSUS- "^J^ [1].]^ESPONDENTSN0.1^fnt Vijaya Agrawal W/o La APPLICANT N0.1 ^ AnilAgrawal,agedabout34years. Late years. [2] RESPONDENT N0.2 ±mari Arju Agrawal, aged about ^APPLICANT N0.2 /^ Seyenandhalfyears. [3] RESPONDENT N0.3 . , Ku. Yashika Agrawal, aged about APPLICANT N03 /^ fhreeandhaIfyearsRespondent no.2 & 3 fhrough Guardianship of mofher fhe Respondent no.l Smt Vijaya Agrawal, W/o Late Aml Agrawal. [4] REJ5PONDENT N0.4 , Shri Mahendra Kumar -^PPLICANT N0.4 ^ S/o. Deendayal Agrawal aged about 55years. [5]. RESPONDENT N0.5 ^Smt Yimla Devi W/o. Sri APPLICANT N0.5 /^- Mahendra Agrawal, aged about 52 years. AU of resident of New Khurshipar, Bhilai-12, ,^ Tahsil & ZUla - Durg, Thana Chawani Chouki, ^ Khurshipar ZiUa-Durg. I -^ [6] ,"" RESPONDENT N0.6 RESPONDENT N0.1 [7] Hariram Sahu, S/o. Gajat Ram Sahu, aged 35 years old, resident of Karanja Bhilai, Post Box Jevra Sirsa, Disfc Durg. Driver of vehicle Matador No.CG 07 ZB/0731 ^Bri] Mohan, S/o. H.C. Agrawal Sakin 31/9, Nehru Nagar, Bhilai ZUla-Durg [CG] Owner of vehicle Metador No.407 CG07ZB0731 MISC. APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT 1988 RESPONDENT N0.7 RESPONDENT N0.2 o HIGH COURT OF CHHATTISGARH : BILASPUR M. A. (Q No. 628 of 2007 Appellant The Oriental Insurance Company Limited Versus Respondents Smt. Vijaya Agrawal & others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi 8& Hon'ble Shri G. Minhajuddin, JJ Shri Shailendra Sharma, Advocate for the appellant, Shri Amiyakant Tiwari, Advocate for the respondents No. 1 to 5. None for the respondents No. 6 & 7. ORDER (Oral) ( Passed on this 17th day ofJune, 2011 ) Per I. M. Quddusi, J. This appeal has been filed by the appellant/Insurance Company only on the question of quantum again^t the award dated 26.3.2007, passed by the Fifth Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 181/2006. Brief.facts, in nutshell, as projected by the claimants, are that on 21.8.2006 at about 8.00 p.m. deceased Anil Agarwal was returning to his home on his motorcycle, bearing registration No. C.G. 07-K/6278. On the way, near G. E. Road Khurshipar, the vehicle 407, bearing registration No. C.G. 07-ZB/0731, which was being driven in a rash negligent manner by the non-applicant No.l, hit the motorcycle, resulting in deathofAnil Agarwal. The respondents.No. 1 to 5 (widow, three minor daughters, mother and father of the\deceased), filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 40,94,475/- under various heads. 4. Learned Claims Tribunal, having regard to the facts situation and the evidence on record and the future prospects, assessed the yearly income of the deceased as Rs. 1,50,000/- and by deducting l/3rd towards personal and living expenses, assessed the annual loss of dependency as Rs. 1,00,OOO/-. Looking to the age of the deceased as 36 years, the multiplier of 16 was applied and thus awarded Rs. 16,00,OOO/- towards total loss of dependency. In addition to that, learned Claims Tribunal awarded a sum of Rs. 5000/- towards consortium to the widow, Rs. 15,000/- i.e. Rs. 5000/- each to the three daughters towards loss of love and affection and Rs. 10,000/- i.e. Rs. 5000/- each to the parents towards loss oflove-and affection, Rs. 2500/- towards loss of estate and Rs. 2000/- towards funeral expenses. Accordingly, learned Claims Tribunal awarded a total sum of Rs. 16,34,500/- to the claimants along with simple interest @ 6% per annum from 5.10.2006. It has been further directed that if the amount of compensation is not paid within 30 days, it shall carry interest @ 9% per annum. 5. The appellant - Insurance Company has obtained the permission under Section 170 ofthe Motor Vehicles Act, 1988. 6. We have heard learned counsel appearing for the parties and perused the record. The return of income tax shows the gross annual income as 1,26,9863/- but the same was filed on 3rd October 2006 i.e. after death of the deceased, therefore, the same was not liable to be considered and^{the returns filed in the previous years i.e. for the year 2003-2004 and^ 2004-05 are liable to be considered. In the year 2003-2004 the gross ihcome of the deceased was Rs. 64,363/- and in v ;^^' t^ 1 ~"y.,/'" ^^^- 7. Q^ the year 2004-2005 the gross income was Rs. 96,888/- which shows that there was enhancement of about Rs. 32,525/- in the next year. Thus, if further income is added in this gradual way and future aspects of income are seen then the average annual income of the deceased would be taken as Rs. 1,40,000/- per annum. Since there are sbc claimants, therefore, according to the decision of Hon'ble Apex Court in the case of Sarla Verina (Sint) and others Vs. Delhi Transpprt Corporation and another1 l/4th of the income is to be deducted towards personal and living expenses of the deceased and looking to the age^ of the deceased as 36 years, multiplier of 15 would be applicable. Thus taking into account the annual dependency as Rs. 1,05,000/- (Rs. 1,40,000 - 35,000) and applying the multiplier of 15 the total loss of dependency comes to Rs. 15,75,000/-. Besides this, we award Rs. 5000/- towards loss of consortium to the widow, Rs. 5000/- each i.e. Rs. 25,000/- to the claimants No. 2 to 6 for loss of love and affection, Rs. 10,000/- for loss of estate and Rs. 5,000/- for funeral expenses, the total ofwhich comes to Rs. 45,000/-. Therefore, we held that the claimants are entitled to get a total compensation of Rs. 16,20,OOO/- along with simple interest at the rate of 6% per annum from the date of the application. However, the direction by the Tribunal to pay the penal interest @ 9% per annum is not sustainable and that part of the award is set aside. Out of the above amount of total compensation, Rs. 4,00,000/- each (total Rs. 12,00,000/-) shall be deposited in the name of the claimants No. 2,<3 and 6 (minor children) in a nationalized bank for. the fixed term of 10 years. Further, Rs. 1,50,000/- each (total (2009)6 SCC 121 ^^^ '^ ;A'» "w".- w 8. Rs. 3,00,OOO/-) shall be disbursed to the parents i.e. claimants No. 4 and 5 (father and mother) and rest of the amount including interest shall be paid in cash to the claimant No. 1 - widow. In view of the foregoing, the appeal is allowed in part and the impugned award dated 26.3.2007 is modified to the above extent. No orderas to costs. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge Thakur