-:L^"'>1^ ^ :8'!-i^;^LiSa®''-!'gf».SB>le"S'a- APPELLANT B.^- S4S..- yss-" tsf- s.'^1'-1 7-F^I- IN THE HON'BLE HIGH COURT OF CHHATTISGARH ATB1UISPUR nfl.A. (C)No.- Q^ ^ /2009 MANAGER, OJVJSigR BgRCJI THE ORIENTAL INSURANCE COMPANY LIMITED, BHUSAWAL BRANCH OFFICE MANOCHA BHAWAN, NEAR TO MUNICIPLE HOSPITAL BHUSAWAL, DISTRICT- JALGAON (MAHARASHTRA) Vrs. c^^^ ;':l?sr ^ift' B^;.s^ RESPONDENTS/CLAIMANTS :- T^ T ^ DALTAN NIRMALKAR S/0 PUNITRAM NIRMALKAR, AGE 28 YRS., RESIDENT OF 8B, RISALI SECTOR, THANANEWAI, TAHSIL DURG, DISTRICT - DURG (C.G.) SHEKHAR THELA @ TORAN NIRMALKAR S/0 PUNITRAM,AGE 30 YRS VEDPRAKASH NIRMALKAR S/0 SHEKHAR THELA @ TORAN, AGE 10 YRS., MINOR THROUGH FATHER GUARDIAN SHEKHAR THELA @ TORAN NIRMALKAR BOTH RESIDENT OF 8B, RISALI SECTOR, THANA NEWAI, DISTRICT - DURG (C.G.) RESPONDENTS/NON-APPLICANTS 4. ISTEKHAR AHMAD S/0 MOHD. RAMZAN BEG, AGE 23 YRS. RESIDENT OF CHANDRAPUR MAHAKALI COLONY, DISTRICT- CHANDRAPUR MAHARASHTRA SHEKH KHALID S/0 S.K. DAUD, RESIDENT OF MUKTAINAGAR, EDLAWAD, DISTRICT - JALGAON (MAHARASHTRA) THE . NEW INDIA INSURANCE COMPANY, THAKKAR CHEMBER G.E. ROAD, POWER HOUSE BHILAI, TAHSIL & DISTRICT - DURG(C.G.) APPEAL UNDER SECTION 173 OF MOTOR VEmCLE ACT 1988 APPEALVALUEDRs^,5^50^(APPEALBYINSURANCE) ^ ^ ^i,37^ AWARDEDAMOUNT BYTRIBUNALRs. 4,56,500/- 5. 9>' ^-6. /- if ..2.. HIGH COURT OF CHHATTISGARH AT BILASPUR D.B.: Hon'ble Shri Justice I.M. Quddusi and Hon'ble Shri Justice Prashant Kumar Mishra MisceUa^neojj^AppeaL (C.) No.296 of 2009 Appellant Manager, The Oriental Insurance Company Limited versus Respondents Daltan Nirmalkarand others Present: Shri SudhirAgrawal, counsel forthe appellant. Shri J.K.Gupta, counsel for respondents No.1 to 3. Shri G.V.K.Rao, counsel for respondent No.6. Miscellaneous Appeal under Sectipn 173 of the Motor Vehicles Act ORAL ORDER (Passed on 3rd February, 2011) Per I.IV). Quddusi, J.: Heard. 2. This appeal has been filed by the Oriental Insurance Company challenging the award dated 29-11-2008 passed by the 1s Additional Motor Accidents Claims Tribunal, Durg in Claim Case No.21/2005 insofar as the award relates to the quantum fixed by the Claims Tribunal. 3. • Brieffacts ofthe case arethaton the date ofaccident, i.e., 26- 1-2004, at about 6:30 A.M., deceased Sandhya Nirmalkar along with her family and other members were returning after Darshan of Shri Sai Baba in Tata Sumo bearing registration No.CG 04 B 0798 from Amravati to Nagpur, at that time, truck bearing registration No.MH 19 Z'0098, which was being driven by non-claimant No.1 Istekhar^ v-r y Ahmed rashly and negligently, dashed the Tata Sumo, as a result of which, deceased Sandhya Nirmalkar sustained serious injuries on her person. She was taken to the hospital where she died. The incident was reported to Police Station Kodali, District Nagpur. The claimants, i.e., brother-in-law (Devar), husband and son of the deceased Sandhya Nirmalkar preferred an application under Section 166 of the Motor Vehicles Act, 1988 (henceforth 'the Act') claiming compensation of Rs.7,55,000/-. 4 . The Claims Tribunal has partly allowed the claim petition and awarded a sum of Rs.4,56,500/- in favour of the claimants. 5. The income of the deceased Sandhya Nirmalkar was assessed at Rs 3,000/- per month and after deducting 1/3 , it came to Rs.2,000/- per month, i.e., Rs.24,000/- per year. Considering the age of the deceased as 30 years, multiplier of 17 would be applicable. Thus, the total amount of loss of dependency comes to Rs.4,08,000/-. Besides this, the husband of the deceased is entitled to get Rs.5,000/- in respect of loss of consortium and remaining two claimants are entitled to get Rs.5,000/- each for loss of love and affection. For loss of estate, the claimants are entitled to get Rs.10,000/- and for funeral expenses Rs.5,000/-. Thus, the total compensation comes to Rs.4,38,000/-, therefore, the claimants are entitled to get Rs.4,38,000/-. 6 . The penal interest imposed by the Claims Tribunal at the rate of 9% is also improper and, therefore, that part of the award is set aside. The claimants would be entitled to get simple interest on the •9 f^ivSS. '^fcS8*"'1 :^-2^f1l—' • Gopal amount of compensation at the rate of 6% per annum from the date of filing of the claim petition till payment of the compensation. Rest of the conditions mentioned in the impugned award shall remain intact. 7. The miscellaneous appeal is, thus,'allowed in part and the impugned award is modified to the extent indicated above. SA'- I-M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge