IH THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR Misc. Appeal {C} No. ^-\<>f[ nmon APPELLANT Bajaj Allianz General Insurance Company Limite'd, Through Branch Manager, Shiv Mohan Bhavan, Vidhan Sabha Marg, Pandri, Raipur Tahsil & Distt. Raipur (C.G.) Cosi&pasay) RESPONDENTS Versus 1 Ramkishun S/ o ^ about 62 years, Firturam, aged ^.^:-v 'y^l ^-l- •^•~ ^l6: -^^" ft» Smt. Savitri Bai W/'o Ramkishun, aged about 60 years; Both R/o Village Sisdevri, Thana Palari, Tahsil Balodabazar, District Raipur (C.G.) - Jhilmila, District 3 Surjeet Sao @ Sujeet Kumar S/o Ramu Sao, Caste -Teli, aged about 32 years, R/o Village Thana - Saraipali, Mahasamund (C«G.) (Driver @f Vehicle No. C.G 04-CP/7900) 4 Inderpal Singh Raina, S/o Late Mansingh Raina R/o Ward No. 9, Raina Bhawan, Main Road, Shyam Nagar, Raipur District-Raipur (C.G.) of Vehicle Tata No. C.G 04-CP/7900) MBMORANDUM OF APPEAL.UNDER SECTION 173 OF MOTOR VEHICLES ACT 1988 AS AMENDED BY ACT OF 1994 _rE!l"l.^.-Q-K^.Tfv^U<- ^ (V? & COURT OE_CHHATTiSGARH_AIBjLASPUR Misc. (0 No. 457 of Bajaj Alilanz GeneraE Insurance Company LImited. Versys Rarnkishun and others. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 AS AMENDED BY ACT OF 1994 DB: Hon'ble Shri Justice I.IVI. Quddusi & Hon'ble Shri Justace N. K. Agar^val. Present : Shri Sachjn Singh Rajput, counsei for the appeliant. None for respondents No. 1 & 2 though served. ORAL (Passed on 8l" day of November, 2010) s.rvi. 1. This is Insurer's appeai fiied agalnst the avvard dated 05-02-2009, passed by the Chief Motor Accident Claims TribunaJ, Mahasamund (for short ithe Tribunai') in Claim CaseNo. 149/2008. 2. Brief facts of the case are that, on 01-02-2008, the deceased while comjng to Saraipail along with his friend by hjs rnotorcycie Bajaj, Vi/as dashed by Tata Sumo bearing regjstration No. C.G. 04-C.P./7900 by rash and negiigent drivlng of the driver of tile offending vehide (Tata Sumo), as a result of vvhich he succumbed to the injuries sustalned in the said accident. 3. The ciaimants, unfortunate parents of the deceased, have fited petition before the Tribunal under Section-166 ofthe Motor VehJcies Act, 1988 (for short 'the Act') ciaiming tota! compensation of Rs.34,20,000/- under various heads. The learned Tribuna! on close scrutiny of the evldence led, materiai placed and submissions made bythe parties, awarded a sum of Rs.4,02,080/- aSong with interest @ 6% per annum from the date of appljcation in favour of the cialmants and as against the respondents. We have heard Jearned counsei for the appeiiant and perused the award impugned and the records of the Tnbunai. The deceased vvas bachelor, therefore, according to the dedsion of Hon'bie the Apex Court In Verma vs. De/W Ts-snsport Corporaflon a/?d reported In 6 SCC 121, 50% of the Income shouid have been the standard deductlon for persona! expenses of the deceased. Since no material evidence was produced on record that the income of the deceased was Rs.10,000/- p.m., the Tribuna! has assessed the income of the deceased as Rs.5000/-. So taking the income of the deceased as Rs.5000/- per month, the total annual income comes to Rs.60,000/-. After deduction of 50% towards personai expenses, it comes to Rs.30,000/-. Further according to Saria Verrna's case (supra), If we see the age of the parents which was 62 years and 60 years, respectiveiy, at the tjme of accident, the average age wou!d corne to 61 .^^ .•f^. - .-7 ../• ^ !'f /^ni^st years. Therefore, the muitiplier of 7 wiii be appiicable in the instant case. Thus the total ioss of dependency cornes to Rs.30,000/- X 7 = 2,10,000/-. 8 . Besides the above, the parents would be entitled to get Rs. 10,000/- each for love and affection, for Eoss of estate Rs. 10.000/- and for funerai expenses at Rs.5000/-. After adding these amounts i.e. Rs. 35,000/-, the totai compensation woufd be Rs.2,45,000/- (Rs. 2,10,000 -E- 35,000/-). Thus, the claimants shali be entitled to get Rs.2,45,000/- as total compensation instead of Rs. 4,02,080/- as awarded by the Tribunai and they shali be entitled to get interest @ 6% per annum from the date of fiiing of the c!aim petltlon before the Tribuna! til! the payment Is made. 9. Accordingly, the appeai js ailowed in part to the above extent. Rest of the condltions imposed by the learned Tribunai shafl remain intact. Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge Kvr