^ No.2 THE HIGH COURT OF JUDICATURE AT BILASPUR M.A.(C) .^ 1^~ /2010 Qiwsfon l ':NATIONAL INSURANCE CO.LTD. Through Divisional Manager, IJ5../. ^G-E-Road'RaiPur (C-G-) ^v" ^ APPELLANT FON APPLICANT ^^ ilAt?"' f-i ^^..^•" &«A.--" ^' RESPONDENT No. l, /~^ APPLICANT N0.1 RESPONDENT N0.2 APPLICANT N0.2 RESPONDENT N0.3 APPLICANT N0. 3^^ VERSUS AMRIT BHANU SHALI AGED 49 YEARS S/o Late Laxmidas Bhanu Shali : Smt. Sarlaben aged 48 Yrs. W/o Shri Amrit Bhanu Shali : Mamta Bhanu Shali aged 29 years D/o Shri Amrit Bhanu Shali All R/o Gloriash Computer House ofR.D. Shukla, Near Jhulelal Chowk, Naharpara Distt. Raipur (C.G.) RESPONDENT N0.4 NONAPPLICANT ^NO.l MUKESH AGARWAL S/o Late Ayodhya Prasad Agarwal R/o Sakin Alok Telcom,. Pithoura Post 8s Thane Pithora, Distt. Mahasamunda (Owner of Scropio No. CG04/5372) RESPONDENT N0.5 NOiLAPPLICANT N0. 3 Manjeet Singh S/o Surendra Singh Arora R/o E-15, Sector 5, Devendra Nagar Raipur (C.G.) (Owner ofC.G. 04 HA/6905) RESPONDENT N0.6 ,-The New India Assurance Co. Ltd. NON APPLICANT N0. 4 Through Divisional Manager Behind Jeevan Beema Office Pandari Tahsil & Distt. Raipur (C.G.) ..2.. ;li*lri;iiW^;iig5^B'assmsSS^.^S^SS^ ^ ..2,.' APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT. ^ HEGH COURT OF CHHATTISGARH AT BILASPUR Misc. Appeal (Ct Non ARplicant NQ. National Insurance Co. Ltd. Versus Amrit Bhanu Shaii and others. r^-T APPEAL UNDER SECTiON 173 OF THE MOTOR VEMiCLES A( DB: Hon'bie Shri Justlce I.M. Quddusi Hon'ble Shri Justlce N. K. Agarwa!. Shri Shreekumar Aurawai, Senior Advocate with Shri Anand Kumar Gupta, counsel forthe appeilant Shri Y.C. Sharma & Shri.Vivek Rathore, counsel ror the respondents No.'l to3. Shri Harsh Mahant, counsel for respondent No.4. I l"il N.K. This Is Insurer's appea! filed against the award dated 17-12-2009, passed by the Seventh Additional Motor Acc;de!-''. Ciaims Tribuna', Raipur (for short 'ths Tribuna") 'n Claim Case No. 80/2008, hoiding the respondents liabie to pay compensation jointly and sevsraiiy to ihe ciaimants. a-ifif faris n' the ftase are fhaf nn 7D-07-900R Riteah —i'i^»i •; iut'Su»''wil ^ti ; -a i^*- 'br-hdt.'lirf &«li V^ i.ila^ii,, 'ui'l i .^^»—'W<-.£.«:lui'«/-w', i'l li.'ul-^i i BhanushaEI (since deceased} while travelling frcm Thanoud by Swlft Car bearing registration No. C.G. 04 HA/6905 was dashed by rash and negiigent driving of She driver of ScorDi'o bearina reaistration No. C.G. 04 -[--I > '^"'^'^k^^^ ^ ''%;?-„&;<!;•" ^o 3. HA/5372, as a result of which he succumbed to the tiuries sustained in the said accident. Th'e c!aimants, unfortunate parents of the deceased and Sister, have filed a petition before the Tribunai under Section 166 efthe Motor Vehides Act, 1988 (for short 'the Act') ciaiming tota! compensation of Rs.25,50,000/- under various heads. The iearned Trlbuna! on dose scrutiny of the evidence led, materia! placed and submissions made by the parties, awarded a sum or" Rs.8,66,000/- along with interest @ 6% per annum from the date of appiication in favour of the claimants and as agalnst trte appelianfc/lnsurance 5. We have heard iearned counsel for the appellant and perused the award impugned and the records of the Tribunal. The impugned award of the Tribunai is liabte to be ified as we feel that looking to the age of the deceased as 26 years, the multiplier of 13 'was to be app!ied according to the decislon of Hon'ble the Apex Court in the case of Sarla 'a I t, ar, reportea in S SCC 121, but the learned Tribunai has applied the muitipiier of 17. Therefore, without changing the annual income and other amounts as ewardec' by the Tribunai on other heads, in our opinion, the multiplier cf E ^!^;;^^^^^^^3^^g^^| 4 13 would be appropriate in the instant case. Thus the compensation towards dependency would come to Rs. 6,43,500/- (Rs.49,500/-X13=6,43,500/-). Besides this amount, the claimants (father & mother of deceased) are entitled to get Rs. 10,000/- (each) (i.e. Rs. 20,000/-) on account of loss of love & affection, Rs. 2,000/- on account of funeraf expenses and Rs. 2500/- on account of loss of estate as awarded by the Tribunai. Therefore, the totai amount comes IQ Rs. 6,68,000/- (Rs. 6,43,500/-+ 20,000/'- +2000/-+2500/-=Rs. 6,68,000/-). Therefore, the claimants are entitled to get the said amount of compensation instead of the amount as awarded by the Tribuna!. The cteimaRts wou!d be entitled to get interest % per annum from the date of filing of the claim petition. Rest of the conditions mentioned in the impugned award shal! remain intact. 7. Accordingly, the appeal Is aliowed in part and the impugned avifard is modified to the above extent. Ths amount which has already been received by the ciaimanfs shal! be adjusted towards further payments. No order 3StO COStS. 8. Accordingly, cross appeal also stands dismissed, as not pressed. Sd/- I.M.Quddusi Judge Sd/- N.K. Agarwal Judge Kw