•T~? IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT. BILASPUR M.A.(C.)No......'(J'...?.../200g'(D.B.) (APPEAL UNDER SECTION 173 OF M. V.ACT 1988. FOR^ ENHANCEMENT OF AWARDED VALUE (% Rs.-^^2,000/-) ADUeUants Clainiants \^--^ .<) .Q.k:''"-y-' ^ ..^L!^^.- fr~--:' ^•'•\^}-" ..••'•;:^-^^ ..u-A •^' Respondents 1) Yogesh Sharma S/o Shatrughan F>rasad Sharma, Aged 33 years 2) Smt. Lori Sharma W/o Shri Yogesh Sharma, Aged 30 years, 3) Master Shourya S/o Yogesh Sharma, Through legat guardian Mother Sm.t Lori Sharma, aged 1 year AU are resident of Brahmanpara Arang, Tahsil Arang, District RaipurfC.G.) Versus 1) Shri Manthir Khunte S/o Uday Chand Khunte, aged 33 years R/o viUage Chhindoli, Bhathapara, P.S. Tumgaon, Post Patewa, District Mahasamund (C.G.) 2) Amarjit Singh S/o Shrawan Singh Saini, aged not known R/o Royal Carboy Transport, Transport Nagar, Hafhkfaoj, District Durg (C.G.) 3) The Oriental Insurance Company Ltd., Division Of&ce Bhilai, District Durg Through Oriental Insurance Coinpany Ltd Kachhari chowk, Madina Building, Raipur (C.G.) 4) Smt. Tarini Tiwari W/o Shri Ashwani Tiwari, aged about 32 years, R/o Gudrupara, Mahasamund (C.G.) 5) Smt. Manju Sharma W/o Shri SunU Sharma, aged about 35 years, R/o CoUege Road, Mahasamund (C.G.) 6) Smt, Matnta Joshi W/o Suraj Joshi, aged about 37 years, R/o Rajnandgaon (C.G.) 7) Smt. Manisha Sharma W/o Sandip Shanna, aged about 39 years, R/o Sindhiya Nagar, Durg (C.G.) APPEAL U\s 173 OF MOTOR VEHICLE ACT 1988. FOR ENHANCEMENT OF AWARDED VALUED Rs. 5;a2.000-A.- v t>/ '~>~0^ecp 4— -2^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLESHRI RANGNATH CHANDRAKAR, J. Aopellants Claimants '-4< Respondents ^ •--? Misc. Appeal (0 No. 74 of2009 1. Yogesh Sharma s/o Shatrughan Rrasad Sharma, aged 33 years. 2. Smt. Lori Sharma w/o Shri Yogesh Sharma, aged 30 years, 3. Master Shourya s/o Yogesh Sharma, through legal guardian mother Smt. Lori Sharma, aged 1 year All are resident of Brahmanpara Arang, tahsil Arang, district Raipur C.G. VERSUS 1 Shri Manthir Khunte s/o Uday Chand Khunte, aged 33 years r/o village Chhindoli, Bhatapara, P.S. Tumgaon, post Patewa, district Mahasamund C.G. 2 Amarjit Singh s/o Shrawan Singh Saini, aged not known r/o Royal Carboy Transport, Transport Nagar, Hathkhoj, district Durg C.G. 3. The Orienta! Insurance Company Limited, Division OfRce, Bhilai, district Durg through Oriental Insurance Company Limited Kachhari Chowk, Madina Building Raipur C.G. 4 Smt. Tarini Tiwari w/o Shri Ashwani Tiwari,- aged about 32 years, r/o Gudrupara, Mahasamund C.G. 5 Smt. Manju Sharma, w/o Shri Sunil Sharma, aged about 35 years, r/o M.A.C. Nos. 74 and 75 of2009 -yi) College Road Mahasamund C.G. Smt. Mamta Joshi, w/o Suraj Joshi, aged about 37 years, r/o Rajnandgaon C.G. Smt. Manisha Sharma, w/o Sandip Sharma, aged about 39 years, r/o Sindhiya Nagar, Durg C.G. Misc. Appeal (C) No. 75 of 2009. Appellants Claimants 1. Yogesh Sharma s/o Shatrughan Prasad Sharma, aged 33 years. 2. Smt. Lori Sharma w/o Shri Yogesh Sharma, aged 30 years, 3. Master Shourya s/o Yogesh Sharma, through legal guardian mother Smt. Lori Sharma, aged 1 year All are resident of Brahmanpara Arang, tahsil Arang, district Raipur C.G. Respondents E^ "& ;^. VERSUS Shri Manthir Khunte s/o Uday Chand Khunte, aged 33 years r/o village Chhindoli, Bhatapara, P.S. Tumgaon, post Patewa, district Mahasamund C.G. Amarjit Singh s/o Shrawan Singh Saini, aged not known r/o Royal Carboy Transport, Transport Nagar, Hathkhoj, district Durg C.G. The Oriental Insurance Company Limited, Division OfRce, Bhilai, district Durg through Oriental Insurance Company Limited Kachhari Chowk, Madina Building Raipur C.G. Smt. Tarini Tiwari w/o Shri Ashwani Tiwari, aged about 32 years, r/o Gudmpara, Mahasamund C.G. 3 . M.A.C. Nos. 74 and 75 of 2009 5 Smt. Manju Sharma, w/o Shri Sunil Sharma, aged about 35 years, r/o College Road Mahasamund C.G. 6. Smt. Mamta Joshi, w/o Suraj Joshi, aged abbut 37 years, r/o Rajnandgaon C.G. 7. Smt. Manisha Sharma, w/o Sandip Sharma, aged about 39 years, r/o Sindhiya Nagar, Durg C.G. Memo ofaDpeals under Section 173 of Motor Vehicle Act Present: f-y- Shri Amiyakant Tiwari, counsel for the appellants. Shri Abhishek Sinha and Shri Varun Dubey, counsel for respondent No.3. ORDER (13th October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. As both these appeals i.e. M.A.C.No.74 pf 2009 and M.A.C.No. 75 of 2009 arise out of the motor accident dated 19.12.2007, this common order would govern the disposal of both these appeals. 2) As against the compensation of Rs.11,80,000/- and Rs.7,12,000/- claimed by the appellants/ claimants, unfortunate major son, daughter-in-law and grandson of two deceased persons Shatrughan PrasadSharma and Smt. Bina Sharma, by filing two separate claim petitions under Section 166 ofthe Motor Vehicles Act, for their death in the motor accident on 19.12.2007, <>.-.- ^.-^s^^^. ,^.'<'ts°"!14' f1; IS' • 1> 1 -<RSNJS>; 1 ffili y ^aF3s^s M.A.C. Nos. 74 and 75 of2009 ^. f.r the Tribunal awarded a total sum of Rs.1,30,000/- each in both the claims cases as compensation to the claimants along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that both the deceased persons Shatrughan Prasad Sharma and Smt. Bina Sharma died on account of the injuries sustained by them in the motor accident on 19.12.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.CG-07/C/4133;as the above offending vehicle Truck on the date of the accident was insured with the Oriental Insurance Company Lifnited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal considering that claimant Yogesh Sharma, son of two deceased persons Shatrughan Prasad. Sharma and Smt. Bina Sharma, himself was working as Engineer and was getting salary of Rs.6,500/- per month, held that none of the claimants were dependent either on deceased Shatrughan Prasad Sharma or deceased Smt. Bina Sharma. The Tribunal, as such, awarded Rs.1,00,000/- towards loss of estate; ^f'si!!i ^' A' • [!&,~J 1j ; ^^S'KTT;'?''' M.A.C. Nos. 74 and 75 of2009 <^>- Rs.5,000/- for funeral expenses; and Rs.25,000/- for loss of love andaffection. The Tribunal, thus, awarded a total sum of Rs.1,30,000/- each as compensation to the claimants for the death of deceased Shatrughan Prasad Sharma and Smt. Bina Sharma, in the motor accident. The Tribunal further directed payment of interest on the above amounts of compensation @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Amiyakant Tiwari, learned counsel for the appellants vehemently argued that the Tribunal has erred in holding that the claimants were not dependent on two deceased persons Shatrughan Prasad Sharma and Smt. Bina Sharma , whereas in fact, the claimants were wholly dependent on the income ofthe deceased Shatrughan Prasad Sharma. 7) Shri Abhishek Sinha and Shri Varun Dubey, learned counsel for respondent No.3, the Oriental Insurance Company Limited, on the other hand, placing reliance on the dictum ofthe Apex Court jn the case of Smt Manjuri Bera Vs Oriental InsuranceCompany Limited, reported in 2007 AIR SCW 1962, contended that the Tribunal has liberally awarded a sum of Rs.1,30,000/-each forthe death ofdeceased Shatrughan Prasad Sharma and Smt. Bina Sharma. 8) Though learned counsel for the appellants submitted thaf the claimants were wholly dependent on the income of the deceased Shatrughan Prasad Sharma, the evidence of AW-1 ^ .-? t _ 1 ^ 's- M.A.C. Nos. 74 and 75 of 2009 Yogesh Sharma, spn of deceased Shatrughan Prasad Sharma is to the contra. In para 9 of his cross-examination he has categorically admitted that he was not at all dependent on his father. We do not find even an iota of evidence in the case which may establish the claimants' dependency on deceased Shatrughan Prasad Sharma. 9) The compensation of.Rs.1,30,000/-eachawarded by the Tribunal for the death of two deceased persons Shatrughan Prasad Sharma and Smt. Bina Sharma, when examined in the context of the above-mentioned broad features of the ease and the dictum ofthe Apex Couri: in the caseof Smt Manjuri Bera Vs Oriental Insurance Company Limited (supra), we are satisfied, does not call for any enhancementin these appeals. 10) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, both the appeals i.e. M.A.C.Nos.74of2009 and 75/2009, filed by the appellants/ claimants for enhancement of the compensation, are liable to be dismissed and are hereby dismissed. 11) No order as to costs_ Sd/- ChiefJustice ''Sd(-;,,;::..'; R.N. ChaBidraikai judQe subbu f-> t..-?