"INteiosi ^ IN THEHON»BLEBBGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C)No. ^(^ OF 2008 (APPEAL VALUED AT Rs 5.35.000 /-) APPEALUNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988. APPELLANT (NON- APPLICANT N0.3) RESPONDENTS (APPLICANT } \ -~? (NON-APPLICANT N0.1) :1. ^ :2. (NON-APPLICANT N0.2) :3. National Insurance Conipany Liniited, Through: Its Branch Manager, Kosabadi, Korba,(CG). VERSUS Branch-office, Korba, Distt- Lalchand Soni, S/0- Narayan Prasad Soni, aged -32years . R/O-Sonarpara, Champa, Distt.-Janjgir champa (C.G.) Raju Yadav, S/0- Phoolsai, R/0 -Navapara, Bamhanidih ^ Road,Champa, Distt.-Janjgir Champa (C.G.) (Driver) Rameshwar Prasad Soni, S/0- Shivnarayan Soni, R/0- Sonarpara, Champa, Distt.-, Janjgir Champa (C.G.)(owner) HIGH COURT OF CHHAmSGARH. BILASPUR DB: HON'BLB I.M. QUDDUSI & HON»BLBPRA8HANT KUMAR MI8HRA, JJ M. A (C). No. 1017 OF 2008 APPELLANT National Insurance Coinpaiiy Limited Vs. APPEAL UNDER SECTION 173 OF THB MOTOR VEHICLB8 ACT. 1988 APPEARANCE Mr. Dashrafh Gupta, counsel for fhe appeUaat. Mr. Aviaash Chaad Sahu, counsel for respondent 1. PeiLLM, eUDDUSI, J ORDER (ORAL1 (23.03.2011) (1) This appeal has been filed by fhe iasurance Coiapany agamst fhe iuipugned award dated 23.02.2008 passed by fhe II Additional Motor Accident Clauns Tribunal (F.T.C), Korba ia Claiin Case No. 70/2006 challengiag the quaatuni. (2) Brief facts of the case as per fhe version of tih-e claiinant are that on 22.05,2004 injured claimaat was traveling m Marshal Jeep bearmg Regn.No.C.G.ll/1611 aad at about 2.30 p.ia. when flie vehicle reached at a Bridge near viUage Puraiaa Madwaraai on Korba Chanipa Road, fhe said vehicle wliich was being diiven by respondent no.2 ui a rash and negUgent inaiiner turaed turtle. The appellaat who was sittmg ia the said vehicle sustained iajuries on his head, haad and leg. His left hand was totally crushed and he was adniitted ia Chiistian Hospital, Chaiapa for treatnient. Thereafter, he was also brought to Sardar Patel Hospital, BUaspur, ApoUo Hospital, BUaspiir aiid to Dr. SunU Kalda, Raipur for better treataaient. Due to this accident fhe appeUaiit became permaaenUy disabled. At fhe time of accident, appeUaat was aged about 32 years aiid was RBSPONDBNTS balchaad Soni aad others ^^y^^^^ ^^^\ ? ^'^ir&. 1 .... ../^ earamg Rs.8000/- per month by doiag the work as goldsinith aad furfher undertakmg tuitions. He filed claim petition for award of corapensation to the tune of Rs.19,50,000/- on vadous heads. (3) The learaed claims Tribunal has held fhiat fhe offendiag vehicle bearing Regn.No.C.G.ll-B/1611 met with accident, as a result of which, fhe claiinant sustamed injuries aad became pennaaenUy disabled to fhe extent of 62%; fhe inonfhly iacoine of the deceased was Rs.3,750/- and fhere was no breach of conditions of fhe iasuraace poUcy. The Tribunal has awarded a total coinpensation ofRs,5,35,000/- with iaterest @ 9% per anniim which fhe claiiaaat is entitled to receive froni fhe uon-appUcaats joiatly or severally. (4| The leamed clamis Tribunal ou fhe basis of evidence adduced on record has taken fhe laonfhly iiicoine of fhe claiinaat as Rs,3750/- per nionfh which seeias to be reasonable. Thus, ftie annual iacome coines to Rs.45,000/-. At the time ofaccident, fhe age offhe clamiant was 32 years aad he coines within fhe age group of 31 to 35 years. Therefore, accordiag to fhe niultipUer scale given ia Scurta Verma (Smt^ -vs' Delhi Tremspart Carparatian and cmother (Para 40) reported ia (2009) SCC 121, multiplier 16 should have been inade appUcable. However, fhe Tnbunal has adopted the miuItipUer 17 which seems to be on higher side ia view ofthe decision ofHonyble Supreine Court ia Sarla Verma's case (supra). Therefore, on applying flie niultipUer 16 to Rs.45,000/-, the total loss of eaaung capacity with reference to 100% permanent disability comies to Rs.7,20,000/-. In the instaat case, the Tribunal held fhat fhe pemianent disabUity sustahied by fhe clainiaat was to the extent of 62%, But, lookiag to the condition of the iajiired clairaaiit, ia our opinion, his permaaent disabiLity would be 50%, therefore, fhe total loss of eamiag capacity comes to Rs,3,60,000/- which fhe claimaat is entitied to receive froin the appeUaat as corapensation. Besides this, fhe said aoiount shall also cany interest @ 9% per aaniun froin tlie date of flliag of the claim petition tiU the date of its •y^" 'x' .^•-, . .••• ^ -3- payment. Accordingty, the impugned awaid dated 23.02.2008 is modi&ed to fhe above extent. (5) In the result, the appeal is aUowed in part. No order as to costs. Sd/- l.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge