yi^isioi sSQi IN THE HON'BLE HIGH COURT OF CHHATTISHGARH AT BILASPUR APPELLANT M.A.(C)No.-^^/o9 :- J/HE ORIENTAL INSURANCE CO. THROUGH BRANCH CHIEF OF OFFICE, GEETANJALI BHAVAN, KORBA C.G. Vrs. Rl&SPONDENTS/CLAIMANTS (^eJT. SAIYYED EZAJ ALI S/0 SAIYYED Ix^ SAFDAR ALI, AGE 42 YRS. .....•••:"^.^ ^..•••".^•" \.\^ fj-.:-4}' ^^ ^-)'' .••* ^w"o^' ^' ^'"" RUKSANA BEGUM HUSBAND OF SAIYYED EZAJ ALI, AGE 40 YRS, ^^ RESIDENT OF RANIROAD, KORBA C.G. RESPONDENTS/NON-APPLICANTS :- \:; 3.. ^ 4,.- 5.,. MUKHTAR AIIAMAD S/0 SUBHAN ANSARJ AGE 27 YRS. RESIDENT OF CHAMA BASTI, KESALPUR, DISTRICT- GADVA, JHARKHAND (VEH1CLE DRIVER) VINOD KUMAR AGRAWAL S/0 S.N. AGRAWAI. THROUGH TIRUPATI ROAD CARRIERS, RAIGARH C.G. (OWNER OF TRUCK VEHICLE) JALANDHAR SONKAR S/0 MISHRILAL SONKAR, RESIDENT OF RAMSAGARPARA, DARRI ROAD, KORBA (OWNER OF MOTORCYCLE & FATHER OF DECEASED SHAMBHU SONKAR) SMT. PARVATI BAI HUSBAND OF JALANDHAR SONKAR AGE 46 YRS. RESIDENT OF RAMSAGARPARA, DARRI ROAD, KORBA C.G. APPEAL UNDER SECTION173 OF MOTOR VEHICLE ACT 1988 APPEAL VALUED Rs. 4,^()00/- ( APPEAL BY INSURANCE) COMPENSATION CLAIMED BEFORE TRIBUNAL Rs. 33,75,000/- AWARDED AMOUNT BY TRIBUNAL Rs. 4y6,000/- ..2.. y^: HIGH COURT OF CHHAmSGARH : BILASPUR M. A. (Q No. 774 of 2008 Appellant The Oriental Insurance Co. Versus Respondents . Saiyyed Ezaj Ali & others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 DB: Hon'ble Shri I. M. Quddusi & Hon'ble Shri G. Minhajuddin, JJ Shri Sudhir Agarwal, Advocate for the appellant/Insurance Company. Shri Amiyakant Tiwari, Advocate for the respondents No. 1 & 2/ Claimants. None for the respondents No. 3 to 7. ORDER (Oral) ( Passed on this 13th day of May, 2011 ) Per I. M. Quddusi, J. 1. This appeal has been filed by the appellant/Insurance Company on the ground of quantum against the impugned award dated 26.11.2007, passed by the Second Additional Motor Accident Claims Tribunal, Korba in Claim Case No. 75/2007, awarding a sum of Rs. 4,60,000/- to the claimants along with interest @ 9% per annum. 2. The appellant was granted permission under Section 170 of the Motor Vehicles Act, 1988. 3. We have heard learned counsel appearing for the parties and perused the lower Court record as well as the findings given in the impugned award. 4. Brief facts, in nutshell, are that in the accident occurred on 27.12.2004 by the offending vehicle i.e. Truck, bearing registration No. C.G. 13-A/0755, Riyaj Ali received grievous injuries and during the treatment he succumbed to those injuries. The claimants, being parents i.e. father and mother of the deceased, filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of compensation under various heads. Learned Claims Tribunal, having regard to the facts situation and evidence on record assessed the monthly income of the deceased as Rs. 3000/-. After deducting l/3rd ( Rs. 1200/-) of the income towards personal and living expenses the yearly dependency was assessed as Rs. 24,000/- and applying the multiplier of 15, it awarded a sum of Rs. 3,60,OOO/- as compensation. Further, under the conventional heads, the Tribunal awarded Rs. 20,000/- towards pain and suffering & love and affection and Rs. 5000/- towards funeral expenses. For medical treatment and special died Rs. 70,000/- and Rs. 5000/- towards conveyance expenses have been awarded. Thus, the Claims Tribunal has awarded a total sum of Rs. 4,60,OOO/- as compensation along with 9% interest per annum. Having regard to the facts situation and the evidence on record we are of the opinion that for the yearly income of Rs. 36,000/" as assessed by the Tribunal, there should have been 50% deduction towards personal and living expenses of the deceased as he was a young bachelor. Thus, we assess the yearly dependency as Rs. 18,000/- and having regard to the average age of the parents i.e. 41 years, according to the decision of Hon'ble Supreme Court in the case of Sarla Verina (Sint) and others Vs. Delhi Transport Corporation and another1 we are of the opinion that in the (2009)6 SCC 121 ^l L - y ..^' 7. 8. instant case multiplier of 14 would be applicable. Thus, we award a sum of Rs. 2,52,000/- ( Rs. 18,000/- x 14) towards loss of dependency.. In addition to that, under the conventional heads we award Rs. 10,000/- to each of the claimants (Rs. 20,000/-) towards loss of love and affection as they lost their young son. We also award Rs. 5000/- towards funeral expenses, Rs. 10,000/- for loss of estate and Rs. 5000/- towards conveyance and we held that the amount of Rs. 70,000/- awarded towards medical expenses by the Tribunal is correct. Thus, we modify the impugned award and reduce the amount of compensation to the above extend and hold that the claimants are entitled to a total sum ofRs. 3,62,OOO/- as compensation along with simple interest at the rate of 9% per annum from the date of application. Rest of the conditions imposed by the Tribunal shall remain intact. In the result the appeal is allowed. The impugned award dated 26.11.2007 is modified and the amount of compensation is reduced to the above extent. No order as to costs. If the amount awarded by the Tribunal has been paid it will be open for the Insurance Company to recover back the difference of amount from the claimants. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge Thakur