IN THE HIGH COURT OF JUDICATURE AT BILASPUR MISC. APPEAL NO. APEELLANT: RESPONDENTS: (claimants; Driver 9% gThe Orien‘fal Limited, Transport Nagar, Kor'ba. VS ir lé Q/5. a” d“ ‘W ‘4 amision Bench‘ Insurance Company Branch aT Office Korba, /2006 Disfr‘ic‘f 1. Sm‘r Shllpa aged abouf 29 6\years wndow of Late Klshore Gawll. 2 Smf Rupma Ba: widow‘ of WLaTe D S Gawll xm Kumarl Samtksha aged about 7 year-s daughter of Late Klshore Gawh‘. 4 umari Kachcha, aged about 4 years,- daughter of Late Kishore Gawli. No.3 & 4 are minors through their natural Smt. Shilpa, widow of Late Kishore Gawli. No.1 to 4 are residents of guardian B.K. Saxena, son of Shri N.K. Saxena, resident of MIG-73, Nagar, 'Ra‘jendra Korba. Mohammed Sohrab Khan, son of Late Mohammed Aslam Prasad Gwner M Chandramani Nagar, 9 Acre, No.119, Bhagwan Nagar, Nagpur. \ APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT AGAINST THE AWARD/ORDER DATED 7 3 2006 PASSED J Rs 15/- IN CLAIM CASE Khan, No.C/71, $ .E.C.L. Chowki, residenf ,Colony, Korba. NO 68/2005 of Qr. Subhash Block, Rampur BY THE A§5¥TIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL ‘ a \ ANJGIR PRESIDED OVER BV SHRI S.R. BANJARE. Appeal valued a1’ Rs 17 87 040/— & Court Fee affixed HIGH COURT OF CHHATTISGARH, BILASPUR CORAM: Hon’ble Shri LM. Quddusi, J. & Hon’ble Shri Prashant Kumar Mishra, J. MA. No. 798 of 2006 APPELLAM: The Orienta! Insurance Company Limited. Versus RESPONDENTS Smt. Shilpa and others. Shri Abhishek Sinha and Shri Ghanshyam Patel. counsel for the appellant, Shri Somnath Verma, counsel for respondents No. 1 to 4. ‘ Shri Ani! Gulati, counsel for respondents No. 5 & 6. ]1! ORAL ORDER ( 01 [04/201 1 ) FoHowing oral order of the Court was I. M. Quddusi, J. This appeal has been filed against the- impugned award dated 07/03l2006 passed by the Additional Motor Accident Claims Tribunal, Janjgir, District -'Bilaspur in Claim Case No. 68/2005 o'nly on the question of quantum. (2) Brief facts of the case. as per the version of claimants, are that claimants are wife, mother and children of deceased Kishore Gawli. On 0311212004 deceased Kishore Gawli was sitting as piliion-rider in motorcycle and motorcycle was ‘driven by Vivek De. Near Annapurna Hotel, Janjgir one Maruti Van bearing Registration No. C,G.12-ZD-3953 being driven rashly and negligently by non‘applicant No. 3 dashed the motorcycle and caused the accident, as a result of which Vivek De and ’ Kishore Gawli received grievous injuries. Deceased Kishore Gawli was taken to District Hospital. Janjgir and from there he was referred to CIMS Hospital, Bilaspur. Thereafter, he was admitted in Apollo Hospital and for better treatment he was being taken to Nagpur and on the way he died. Deceased was aged about 39 years and was employed in the Irrigation Department. Claimants have claimed compensation of R521 34,41 6/—. (3) The monthly income of the deceased was assessed by the Tribunal as Rs.1_0,768f-_ and after seeing the future prospects the monthly income ‘x passed by _2f has been assessed as 11,000/- per month. The annuaJ income thus comes to Rs. 1.32.000/-. ‘/4 is to be deducted for personal and living expenses as laid-down in para 30 in the case of Sarla Verma (Smt.) and others Vs. Delhi Transport Corpuratian and another, reported in (2009) 6 S.C.C. 121. After deducting 1/4 the annual loss of dependency thus comes to Rs.99,000l-. Since the deceased was aged about 40 years a multipiier of 15 wouid be applicable according to Sarla Verma’s (supra) case and thus total loss of dependency comes to Rs.14,85,000/-. Besides this, the widow would be entitled to get Rs.5,000/- as loss of consortium and other claimants 5,000/- each i.e. 15,000/- for loss of love and affection, They are also entitled to get Rs.5,000l- for funeral expenses and further Rs.5,000f- for loss of estate and Rs. 15,44OI-as medical expenses as assessed by the Tribunal. Thus, total towards other heads comes to Rs.45,440/- and after adding this amount towards loss of dependency the total compensation comes to Rs,15,30,440/-, therefore the claimants are entitled to get Rs.15,30,440I-. Therefore. in our opinion the quantum fixed by the Tribunal is excessive, and the same is liable to be reduced to the extent of Rs.15,30,440/-. (4) Consequently, the appeal is allowed in part. The impugned award is modified to the extent that the claimants would be entitled to get Rs.15,30,440/- along With 6% interest per annum. The penal interest imposed by the Claims Tribunal is not proper, therefore the same is set- aside. The rest of the award shall remain intact. No order as to costs. it? k Sdl- l.M.Quddusi Sd/- Prashant Judge kumar Mishra Judge