cF ^* IN THE HIGH COURT OFJUDICATURE OF CHHATTISGARH AT BILASPUR •Wlt^enGk M.A.(C.) NO....U3.L.../2010 APPELLANTS ^LAIMANT lA ^?^ ....••:T'...^\^' ^^.:y ^y ^•''^.k..-'' <>*"' € 1) Smt. Mogra Bai aged about 46 years W/o Shri Purshottam Nath Yogi, Occupation : House wife, 2) Purshottara Nath Yogi, aged about 50 years, S/o Shri Madhav Nath Yogi, Both are resident of Village Parmodhi, Police Station Saja, Tahsil & District Durg (C.G.) RESPONDENTS ,1) ~7""~"~~""~ ^ ^ 2) 3) VERSUS Kuleshwar Singh Jang, Occupa<:ion Truck Driver, Resident of Village Parmodhi, Police Station Saja, District Durg (C.G.) Smt. Sajan Devi Marothi, Occupation Truck Owner, Resident Pandari, Police station Pandri, Tahsil & District Raipur (C.G.) The National Insurance Company Limited through Divisional Manager, Divisional Office, Mobin Mahal, G.E. Road, Raipur (C.G.) ^ MEMO OF APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT 19S<t. IC1 ~^/.^' •'v- HiGH COURT OF CHHATTSSGARK AT BJLASPUR IVIisc. Apoeal (0 No. 1131 of2010 APPELLAiMTS CIalmants RESPONDENTS Smt. iVlogra Bai and another. Versus Kuleshwar Slngh Jang & others. iVSisceljaneous appeai under Section 173 ofthe ^lotor VehicJesAct.1988 S.B: Hon'ble MrJustIce N.K.Aaarwa! Present : Shri A.L. Slngrau!; counsej for the appeliants. None for respondent No.1, though served, Shri Devershi Thakur, counsei for respondent No.2. Shri B.N. Nande, counsei for respondent No.3. AWARD (11.10.2011) With the consent of the parties, the matter is heard finaily. 1. This Is ciaimants' appea! seeking enhancement of compensation awarded by the Xth Additiona! Motor Accident Claims Tribunai, Ralpur (for short 'the Trjbunal') In daim case No. 44/2009 vide award dated 05,08.2010. As agalnst compensation of Rs. 10,50,000/- cialmed by unfortunate parents of deceased Ravindra Nath Jogi by fiiing app!lcation under Section 166 ofthe iViotor Vehicles Act, 1988 (for short 'the Act') for the death of deceased on 2.3.2009 in the motor accident dated 25.2.2009, the Tribuna! awarded a total sum of Rs. 1,92,000/- aiong 'vvith jnterest @. 6 percent per annum from the date of application til! its actua! payment holding respondents No. 1 and 2 are jointiy and severally ilabie for payment of compensation and exonerated the respondent No. 3/lnsurance Company from its !tabi!ity to pay compensation. The Trlbunal, on a dose scrutiny ofthe evldence ied, held : the accident had occurred due to rash and negligent driving of offendlng vehide Svv'araj Mazda bearing registration No. CG ^ w 04-J/1332 by its driver i.e. respondent No. 1; deceased Ravlndra Nath Jogi died on account of i'njuries sustained by hlm In the said accldent; exonerated respondent No. 3/NationaS Insurance Company from its ijabiiity to pay compensation as respondent iMo. 3 has successfully proved the vioiation of poiicy conditions; and assessed and awarded aforementioned amount of compensation to the claimants aiong with interest @ 6 percent per annum from the date of acddent tlit Its actuai payment against the respondents No. 1 & 2 i.e. driver and owner. 4. The only submission made by Shri A.L. Singraui, counse! for the appellants/claimants is that learned Tribunal has erred in not awarding any amount towards medica! expenses incurred jn the treatment of deceased before his death. 5. On the other hand, Shri Devershi Thakur, iearned counse! appearing for respondent No.2/owner supported the award and submitted, In the facts and circumstances of the case, compensation a'warded by the Tribunai is just and proper compensation which does not cai! for any interference. 6. I have heard the iearned counse! appearing for the parties and perused the materiai avaiiab!e on record incSudlng award Impugned. 7. The Tribuna! on proper appreciation of the evidence and materiaS pjaced in the case has assessed the income of the deceased as Rs.3,000/- per month and Rs.36,000/- per annum. Since the claimants sre parents of the deceased, the Tribunai rightjy deducted 50% of Rs.36,000/- towards personai expenses of the deceased. The Tribuna! a!so appropriately seiected muitlplier of 10 in vievv of dictum of Apex Court in case of SVSunlcipal Corporatlon of Greater Bombay Vs. Laxman lyer and another reported In (2003) 8 SCC 731 vv'herein It has been heid that In case the ciaimants being parents of the deceased the muitiplier should never exceed 10. Thus. the Tribunai has rightiy awarded Rs.1 ,80,000/- as compensatlon on .1 I '^ ^ account of !oss of dependency to the ciaimants. The Tribuna! further a'vvarded Rs. 12,000/- on other heads and thus awarded a total sum of Rs. 1,92,000/- as compensation to the cialmants. 8. jndlsputabiy, Ravindra Nath Jogj sustained multipje jnjuries in the accident on 25.2.2009, Vv'as admitted in the Gayatri Hospital Vv'here he remained hospjtalized for about 2-3 days and, thereafter he died on 2.3.2009 on account of injuries sustained by him in the sald accldent. Therefore, the Tribunai has certainiy erred in not awardi'ng sny amount towards medical expenses Incurred by the deceased towards his treatment befcre death. "^ 9. The amount of compensatlon of Rs.1,92,000/- avv'arded by the Trlbunal when examined In the context of above broad features of the case, in the considered oplnion of thls Court; further award of Rs.5,000 towards medlca! expenses woujd make the amount of compensation as just and proper compensatjon In the facts and circumstances of the present case. 10. For the foregoing reasons, the appeal fiied by' the appeljants for enhancement of compensation Is allowed in part. The compensation of Rs. 1,92,000/- awarded by the Tribunal is enhanced to Rs. 1,97,000/-. Appeiiants are entitied for Rs.5,000/- over and above the amount avvarded by the Tribunai. Enhanced amount of Rs.5,000/- shall carry interest @ 6% per annum from the date of fiiing of cialm petjtlon tll! its actuai payment. Rest of the condjtions mentioned In the award shai! remain jntact. 11. No order as to costs 8d/- N.K.Agrawal Judge D/-