•«n(iait ^'\1:'1.'3iH;^'iK^i IN TffijafBLE HISHQOUaT QP 6HHAm;S@ARH M BILASPUB. MISC. ffiWfSL N0. / f 6 f OF 2003 _ „ ._.. Blvblo^ ^8RC;: APPELLAIT S ^OK-ffi^iCMr No.3 Uniied India Insurance Gonpany L-tcSSi Through- Branch M.anager, United India Insurance eonpany Limited Branch Offiee- T.P. Nager, Korba Tahsil and Distriet Korba (C.6.)., WRSUS BESPaiDENTS ss 1. Bhogdev Prasad Chauhan son 6f Shri DzleshwarPrasad ChaUhan aged 45 years, P/o. Parasa Bhatha Balko Tahsil i Distt. Korba (C.G.) OiAaii.i »« ;»1»' ^T-UED 2^ afa:ri Neelkanth son of Shri •^p MGtiram Bhuniiya, aged 30 years Resident of-aud^?ar,(near Aaramill)Korba Tahsil and Distt;.Korba (G.6.). f) 3. Kawaljeet Kaur vdfe of Shri -..""J"i>< 'v" ' Sukhvindar Singh, Resident of -.•'Tif.A^'** ^yty''^/.3y~ Darri Road, Korba (infront of •• ••^'^'"^-^ of Bansal Bada) Tahsil and Distt. Korba (C.G.), .^^^-^f ^ Nai-^PLIC^NT No. )&.?, ^PPEA. UNBEB SECIIGM (73 _QF MQTOR VEHICLES X;T 10R8.: (Claim in appeal valued at Rs. 6,96,778,00 only) Being agt,rieved vd.th the afard dated 30-9-2303 passed ^" z by N.K. Chandrawanshi Mnd Additional Motor Acciden-ts Claims .: :W Tribunal Korba (C.G.) in claim ease No. 7 ot^©02between i?' Bhogdev Prasgd Chauhan Versus Shri Neelkantli aid others, v<. _ ' -. : \ awarding Rs. 6-,$6,778.00, the appellant begs to prefer this r.''i -2. p '"•l:8»tS"tS ^•^ua HIGIiCQURTOF, CHHATTISGARH : BILASPUR M. A. No. 1169_Qf2003 AppeUant United India Insurance Conipany Ltd. Versus Respondents Bhogdev Prasad Chauhaii & ottiers APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB.: Hontile Sllri I. M. Quddusi & Hon'ble ShriJustice N. K. Agan.val, JJ Shri H. B. Aganval, Senior Advocate wifh Shri Pankaj Agarwal, Advocate for the appellaut. Shri Aiuiyakant Tiwari, Advocate for fhe respondent No. 1. Service on respondent No.2 was dispensed wifh.. None for the respondent No. 3 despite service ofnotice. (Oral) W !'!!-• !»«• Passed on fhis 22nd day ofSeptember, 2010 i,J. Heard. This appeal, fUed by the Insurance Coiupaay, arises froiu fhe award dated 30ttl September, 2003, passed by the Second Additional Motor AccMent Claiins Tribunal, Korba ia Claim Case No.7/2002. Tbe Respondent No.l/Claiiuant has also filed cross appeal/objection { M(C)P No. 594/2004}. The iadisputable brieffacts, ia autshell, are that on 20.7.2001 at about 6.30 ia the eveniag fhe claiinant/iajured/respondent No.l, herein this appeal, was going to his hoine at Parsabhafha Balco froiu fhe direction of Rajgamar on a scooter. The scooter was i-idin^ by Maagal Singh, a coUeague of the clainiant, aad fhe claimaD.t was fhe pilUon rider. When fhey reached ahead Oinpur barrier, near jungle, at that inoiuent the truck, beai-mg registration No. M.P. 26-D/2019, being driven by the respondent No.2 (Neelkanfh) m a rash and negUgent mamier, hit the scooter, fhereby tbe accident had occurred. The said truek was owaed by fhe respondent No. 3 ( Kawaljeet Kaur). s. •'-';i^ iMIIBS ; ^'c;:;. }^3S 4. Accordiag to fhe claimaat, his right leg was crushed as the wheel of the truck raa over hjs leg. The claunant was taken to a hospital 'Y at Korba from. where he was referred to Jawahar Lal Nehru Hospital, Bhilai, after giving priinary treatment. Wifh aa object to save ftie Ufe of fhe claitnaat, the doctors cut his right leg. At fhe tune of fhe accident the claunaat was engaged as driver in fhe services of Sardar Kunder Singh aad getting Rs. 5,500/- per inonfh. Due to fhe pennaaent disabitity fh.e claimant is not in a position to reinaui ia his profession to earu liveUhood. Thus, the claiaiant had filed a claiin case for award of a total conipensation ofRs. 45,88,OOO/- undervarious heads. 5. Leamed Tribunal, taking iuto consideration that fhe claunant has sustamed 70% pennaaent disability and he was eaminj Rs. 5500/- p.m. ( Rs. 4000/- payment aad Rs. 1500/- aUowance at the rate of Rs. 50/- per day), thereby calculatiag Rs. 66,000/- as yearly iacoine aad applying inultipU.er as 10, coine to the conclusion fhat the claimant is entiUed for aa award of Rs. 6,60,000/- towaids loss of iacoine. Furfher, a sum. of Rs. 19,777.55 towards medical treatment, Rs. 2000/- towards attendant and special diet aad Rs. 15,000/- for fhe loss, ofher than nionetary loss, was graated. Thus, a total award of Rs. 6,96,778/- was graated along with interest at fhe rate of 9% per annum .froin fhe date ofthe appUcation i.e. 26.9.2001. 6. We have heard leamed counsel appearing for the parties aad perused the papers available on record. 7. The inonthly iacoine of the claimant was taken by fhe Tribunal as Rs. 4000/- per inouth aad Rs. 50/- per day as allowaace for daily expenses. Having reeard to fhe facts and circum.stances and fhe laaterial available on record, we are of the cbnsidered opiaion fhat the Tl-ibuaal has wrongly added Rs. 50/ - per day towards iaconie of fhe clamiaat. 8. in view of fhe above, the inonthly iacoiae of the claimant should have been taken by fhe Tribunal.as Rs. 4000/- per monfh, thus the yearly iacoiue as Rs. 48,000/-. Looking to the circumstaiices where the claimaat caa be engaged in. light work,,fhe niultipUer of 10 iuay be appUcable. Thus, fhe award towards loss of incoine comes to Rs. 4,80,000/^. f^. S £l!^ 10. Accordiagly, we aUow fhis appeal, filed by fhe Insiirance Coinpaiiy, in part and niodify the unpugaed award dated 30.9.2003 to fhe extent that ttte clamiaat is entitied for award of Rs. 4,80,000/- tow&rds loss of incoine. The coinpensation awarded by the Tribunal to fhe claimaiit under ofher heads shall reinam. iinchanged and iatact. Therefore, we awai-d a total coinpensation to the clamiaiit/respondent No.l as Rs. 5,16,778/-. This amount shaU carry intErest at the rate of 9% froni fhe date of fhe application i.e. 26.9.2001. Consequently, the cross appeal filed by the claimaitt is disiuissed. No order as to costs. ^ Sd/- I.M. Quddiisi Judge Sd/- N.K. Agrawal Judge Thakur hii •-»!.. "" :' •' i5"sl )(SBI