(^•\f IN THE HON'BLE HIGH COURT OF CHHATTISGARHAT BILASPUR Misc. Appeal {C} No. £,^—^72009 n"6'.°,n;,>,n e^-s-^ APPELLANTS .c,\,^ ^!.^^ \/ ^>r:c.y ...-^^ <?? •'y 1 Bajaj Allianz G.eneral Insurance Company Limited, Through Branch Manager, Shiv Mohan Bhavan, Vidhan Sabha Marg, Pandri, Raipur Tahsil 8s Distt. Raipur (C.G.) 2 Bajaj Allianz General Insurance Company Limited, Through Branch Manager, G.E. Plaza, Airport Road, Yervada, Pune (MS) (Insuraace Coinpany) Versus RESPONDENTS ^ Smt. Chandrika Bai W/o Late Sahdev Varma, aged about 43 years, Caste- Kurmi, R/o Village - Loharsi Son Fodi Pali, Tahsil Masturi, Thana Masturi, District Bilaspur (C.G.)(Claimant) Vijay Mehta S/o Tulsi Mehta, R/o Jalaram Ka Office, Pali, Thana Pali, District Korba (C.G.) (Driver of Vehicle TraUor No. C.G 11- AB/0384) Rakesh Kumar Agrawal, S/o Balram' Agrawal, Caste - Agrawal, R/o Gyanshi Kodi, Korba Road, Champa, District Janjgeer - Champa (C.G.) (Owner of Vehicle Trailor No. C.G ll-AB/0384) MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT 1988 AS AMENDED BY ACT OF 1994 HIGH COURTOF CHHATTISGARH : BILASPUR M. A. (C) No. 627 of 2009 Appellant Bajaj Allianz General Insurance Coinpany Limited & another Versus Respondents Smt. Chandrika Bai & others APPEAL UNDER SECT10N 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi SE Hon'ble Shri Justice Prashant Kumar Mishra, JJ Shri S. S. Rajput, Advocate for the appellants. None for the respondents. ORDER fOraU ( Passed on this 17U1 day ofJanuary, 2011 ) Per I. M. Quddusi, J. This appeal has been filed by the appellants/Insurance Company on the ground of quantum against the impugned award dated 2nd February, 2009, passed by the 9th Additional Motor Accident Claims Tribunal (FTC), Bilaspur in CIaim Case No. 17/2008, awarding a sum of Rs. 4,83,000/-. Learned counsel appearing for the appellant submits that the appellant had got permission under Secdon 170 of the Motor Vehicles Act, 1988 in the Court below vide order dated 18.9.2008 and the question of quantum is only under challenge in this appeal. We have heard learned counsel appearing for the appellant and perused fhe lower Court record as well as the findings given in the impugned award.' ^ 4. Brief facts, in nutshell, are that on 29.3.2007 at about 9.00 a.m. deceased Radhe Shyam Verma (son of the claimant) was returning to his house at Ashok Nagar by his cycle. At that time, a Trailer, bearing registration No. C.G. ll-AB/0384, being driven in a rash and negligent manner by the non-applicant No. 1 (Vijay Mehta) hit the cycle, resulting in death of Radhe Shyam Verma. The offence of the incident was registered at Police Station - Sarkanda at CrimeNo. 114/07. 5. The claimant, being widowed ruother of the deceased, filed a claim case under Secdon 166 of fhe Motor Vehicles Act, 1988 for award of a total compensation of Rs. 34,24,800/- under various heads. 6. Learned Claims Tribunal, having regard to the facts and evidence on record held that the clairaant is entitled for compensation to the tune of Rs. 4,83,000/- along with interest at the rate of 6% per annum from fhe date of the application i.e. 18.6.2007 till the payment is made. 7. Having regard to the facts situadon and the evidence on record we are of the opinion that the monthly income of the deceased, who was an artist, assessed by the Tribunal as Rs. 6000/-, was on higher side. To our opinion, according to the minimum wages Rs. 3000/- per month was to be assessed, however, as the deceased was working extra work also and considering the future prospect of the nature of work, as he was an artist, we assess the monthly income of the deceased as Rs. 4000/-. Out of the monthly incoine the standard deductions should be 50% as the deceased was a bachelor. Therefore, the loss of annual dependency comes to Rs. 24,000/-. Since the widowed mother of the deceased was between the age group of 45 to 50 years, the ''^ multiplier of 13 would be applicable and therefore the total loss of dependency conies to Rs. 3,12,000/-. Besides this in respect of other heads the claimant is entitled to get Rs. 5000/- towards funeral expenses, Rs. 10,000/- towards loss of estate and Rs. 10,000/- for loss of love and affection, considering the age of the deceased as 25 years and that he was a bachelor. Therefore if we add Rs. 25,000/- under other heads the claimant is entitled to total compensation ofRs. 3,37,OOO/-. In view of the above, we held that the amount of compensation awarded by the Tribunal i.e. Rs. 4,83,000/- is excessive. We allow this appeal in part and reduce the araount of compensation and modify the award dated 2nd February, 2009 to the above extent. The claimant would be entitled to get Rs. 3,37,000/- along with siniple interest @ 6% p.a. from the date of fhe claim petition till the payruent is made. 9. It is directed that out of the total award of compensation i.e. Rs. 3,37,000/-, an amount of Rs. 2,50,000/- shall be kept in a fixed deposit in a nationalized bank for a period of five years and remaining amount along with interest, accrued on the date of -1. payment, shall be paid to the claimant in cash. The part of the counsel fee which has already been awarded by the Tribunal will remain intact. 10. The appeal is allowed in part to the above extent. No order as to costs. '£ i _.::—— I.M.Quddusi Judge Prashant Kumar Mishra Judge