!\ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (CHHATTISGARH) 3W m @urg M..NO. M 7% /2oo4 APPELLANT he Oriental Insurance DEFENDANT NO.3 Company Limited, through : Its a iifi years. o ' \ t JR? R" 9 \ ‘wN 9 & 3f Minor Late Hemlal Ku. Agni Chouhan, Chouhan, D/o. aged about 15 years, through Guardian mother Shafri Baj. K 4 Minor Ghanshyam ‘Chouhan, S/ o. Late Hemlal Chouhan, aged about 1 year, .thorugh Guardian mother Shafri Bai. A11 R/o. F 885, Kailash Vihar H.T.P.S. Darri, Tah Katghora, Distt. Korba (CG) DEFENDANT N05 E Suraj aged about Prasad, 26 S/o.Kart1k years, R./o. Ram Irrigation Colony Shyam Nagar,‘ Darri, Tah Katghora, Distt. Korba (CG) DEFENDANT No.6 6g Dinesh Kumar, S/o. Shri RB. Mishra, R/o. Irrigation Colony Darri, Tah Katghora, Distt. Korba (CG) ¥/; o A ‘ Branch Manager, Branch Office — Commercial Complex, T.P. Nagar, Korba (Chhattisgarh) VERSUS RESPONDENTS @ . Shafri Bai Chouhan, Wd/o. CLAIMANT Late Hemlal Chouhan, aged aged abpit 35 years. g. %/ Pratap Singh Chouhan, S/o. about 2O @ @ ON 173 OF MEMOMNDUM OF APPEAL UNDER SECTI THE MOTOR VEHICLE ACT #‘wkgi ‘2 1‘ . i ”>27! ‘ Mésc. Appea£ No‘ 428 of 2&04 APPEAL UNDER SECTIQN 173 (3F THE MOTOR "VEHECLE8 ACT DB: Han’Ne Sfiri Ju$tica LM. Quddvsi & Hon’bia Shri Justice N. K. Agaa'wak. Present : ShriA.K.Athalsy.counseitorthe appeitant. Shri Vim!esh Bag'pai, caunsei for the responde‘nts Ne. i to 4. 0M1 GR§ER §9as$ed an ‘i%‘“ siay e§ Navember, 2%9») Pm {.M. Qamdmh J. ’3. 23-m-2OG4, passed by the Secend Addmonai Motor Accident Claims Wibunaé, Kama (for shert ‘ihe Tribunar) in Claim Case No. 27/2003, holding the appenant/Ensura'nce Company Eiable to pay compensation This is insurer’s appeai med against the award dated to the claimants. Brief facts of the case are that; on 27-65-2GO3, Hemlal Chouhan (since deceased) whiie going from Barri to Korba by his motorcycie Hero Honda Spiendor bearing registration No. CG. 12—8/0419 was dashed by the driver of Jeep bearing registration No. MP. 118/2041 as a result of which he suooumbed to’the injuries sustained in the saéd accident. s HIGH CGERT OF CHt'iATTESGARl-i AT E§§LASPUR Ci aPPELLNW The Ortentai insurance Company Defsndant No.3. Limited. \fersss RESPONDENTS : Shafri Bat Chouhan and others. Siaimants utLT(m,‘ g» The claimants, unfomsnate widow and children of the deceased, have wed petition before the Wibunai under ‘ Section 166 of the Meter Vehicies Act, 1988 (for short ‘the Act’) ciaiming total campensatéon of Rs.42,63,552/— under varmus heads. The Seamed Tribunal on ciose scrutiny of the evidence lied, materiai maced and submissions maée by the parties} awarded a sum of Rs.,93,70/— aiong with interest @ 9% per annu from the dat of appiiction i favour of the ciaiments and as against the appeiiant/insurance Company. 5. We have heard team counsel for the appeiiaht and rused the award impugned and the records of the Trtbunai. 6. The pugned aWErd of the Tribunai ie iiabte to be modified as We feet that tooking to th age of the deceased as 4 years, the muttiptier of 14 was to be apptied according to the decision of Hon’bte the Aex Court in the case of Saa Verma (3mg and others vs. §ethi Transport Corporation and Another, reported in (29%) o $60121, but the teamed Tribunat has apptied the muttiptier of 15. Therefore, Without changing the annuat income of the deceased, which has been rightiy calculated by the Tribunat as Rs.64,584/- per annum! after making standard deduction for personat expenses, in our opinion, the muttipiier of 14 would be applicable in the NM— / /’ 96 m e a n ed pe im e 4 p nt @ mstant case‘ Thus the compensation tewards dependency would come to Rs, 9,G4,176/— (Rs. 64,584/— X 14 = 9,04,176/~). Besides this, under the head of Eoss o? consortium to the widow, the Tribunal has awarded onty Rs.5,000/—, to our opinion, it shouid be awarcied Rs.10,000I-. The funeral expenses as well as loss of love and affection to the claimants No, 2 to 4 as Rs.5,000!— each has rightly been awarded by the Tribunal. Thus, the calculation under other heads would be Rs. 10,00G/-, for loss of consortium to the widow of the deceased, Rs.15,000/- for loss of love and affection and Rs.5,000/— for funerat expenses which comes to Rs.30,DOO/—. Therefore, after adding this amount to the loss of amount of dependency, the total amount comes to Rs.9,34,176/— (Rs. 9,04,178l— + 3G,OOO/—). Thereforethe claimants are entitled to get the said amount of compensation instead of as assessed by the Tribunal. in our opinion, the interest @ 9% per annum, as awarded by the Tribunal is excessive, therefore, the claimants would be entitled to get. interest @ 6% per annum from the date of nling of the claim petition. Rest of the conditions mentioned in the impugned award shall remain intact. Aocordingiy, the appeal is ailowed in part and the impugned award is modified to the above extent. The amount which has already been received by the claimants vgg‘; shail be adjusted towards further payments. NO crder asté costs .§_ #4: _/ sul- ' ”W E 1” '# LMQuddusi . , :k sa/i V Judge " ‘ NI K. Agarwal Kw r W q Judge