Inlll. Ci3 ?f^^. -7 <^, IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR M. A. fCI N0. ^QO /2011 APPELLANTS CLAIMANTS RESPONDENTS NON- /y/ /' ^ .^yz\ ^/y/^ r ^ .^/x ./'/. {0 /' yv- :J^. Smt. Pratika Singh JV/^- Shri Radhe Singh aged about^years ^. ShnRadhe Sin^ S/0 Shri Deelip Singh Kshatri aged about 46 years, Both R/o Milan Chouk Kududand Bilaspur Tah.Ss Distt. ,Bilaspur (C.G.) VERSUS 1. Goutam Chand Bande S/o DevChand Bande , aged about 28Years , R/o Paragaon Nawapcira ,(Rajim) , District - Raipur (C.G.) (VEHICLE DRIVER) 2. Ramdas Goyal S/o Late GulabChand Goyal, R/o Ujjawal Rice Mil ,Paragaon Nawapara , (Rajim) , , District - Raipur (C.G.). (VEHICLE OWNER) 3. , The National Insurance Company Ltd.,Through Branch Office , National Insurance Company L.t.d. Raipur ,Adress Second Tal Govind Mahal G.I. Road PO.Box N0. 122 Raipur (C.G.) (INSURER) MISC. APPEAL UNDER SECTIQN_1730F THE MOTOR VEHICLES ACT. 1988 JB^J^CE—Q-OCCI&^Lo^r-^^l- "'^ f/^'k ":% H|GH_COURT^__CHHATTJSGARMAT_SJLASPUR IVIisc. Appeal (C) No. 800 of 2011 APPiy^ANTS CIaimants RESPONDENTS Smt. Pratlka Singh and another. Versus Goutam Chand Bande & others. Sfliscellaneous appeai under Section 173 of the ?»1otor VehidesAct.1988 S.B: Hon'ble ll4r.Justice N.K.AaariAfai Present : Shri A.L. Singrauj, counsel for the appeliants. Shn Sameer Uraon, counsel far respondents No. 1 &2. Shri Qamrui Aziz, counsei for respondent No.3. 1. 2. 3. AWARD (16.11.2011) Wlth the consent of the parties, the matter Is heard fjnsliy. * This Is cjaimants' appeai seeking enhancement of compensation awarded by tne 1st Additionai Motor Accident Ciaims Tribunal, Biiaspur (for short 'the Tribunal') jn ciaim case No. 50/2010 vlde award dated 16.12.2010. As agajnst compensation of Rs. 4,84,000/- ciaimed by unfortunate parents of deceased Ku. Yogisha Chhatri by filing ciaim petition under Section 165 of the Motor Vehicies Act, 1988 (for short 'the Act') for her death jn the motor accident on 09.02.2010, the Tribunai awarded a tota! sum of Rs. 1,65,000 aiong wlth Interest @ 9% per annum from the date of fiiing of daim petjtjon tiil its actuai payment. The Tribunai, on a ciose scrutiny of the evidence !ed, he!d : the accident had occurred due to rash and negijgent driving of Svvaraj Mazda bearing registration No. CG 05/2942 by jts driver i.e. respondent No. 1; deceased Ku. Yogisha Chhatri, aged about 19 years dled on account of jnjuries sustained by herjn the said accident; respondent No. 3/insurance Company iiable for payment of compensation as it couid not estabiish the vioiation of policy condit'ions; assessed and av/arded aforementjoned amount of compensation to the cjaimants a!ong- i:'f ^ % ^' •s^^ wjth interest @ 9% per annum from the date of accident tili its actual payment. 4. Learned counsel appearing for the appeiiants would submit: the Tribuna! has erred in assessing notional jncome of the deceased as Rs.30,000/-. According to him. since the accident took place in the year 2010, therefore, her notional income shouid have been taken by the Tribunal at Rs.36,000/- per annum and the amount of compensatlon shouid have been awarded by taking jnto consideration the notiona! income of the deceased as Rs.36,000/- per annum. 5. On the other hand, learned counsel appearing for respondents, supported the award impugned and submitted that the deceased was a student and, therefore, Tribunal has rightiy awarded compensation of Rs.1,65,000/- for her death jn the motor accident which does not cal! for any interference. . 6. I have heard the learned counsei appearing for the parties and perused the materia! avai!ab!e on record inciuding award impugned. 7. The income of the deceased assessed by the Tribuna! at Rs. 30,000/- per annum as notionai income requires reconsideration as the accident had occurred in the year 2010. If the jncrease in the prices of essentia! commodities and the cost of living during the period between 1994 to 2010 is taken into consideration, the notionai income of Rs.15,000/- prescribed in the year 1994 wouid come to Rs.35,000/- i-n the year 2010. !, therefore, propose to re-compute the amount of compensation taking into consideration the notionai income of the deceased at Rs.36,000/- per annum. 8. Since the deceased was bacheior and ciaimants are her parents, 50% of the i'ncome of the deceased is to be deducted towards personal expenses of the deceased. By deducting 50% of Rs.36,000/- towards the personai expenses of the deceased, ciaimants' annual dependency is assessed at Rs.18,000/- per annum. ^^y"^. -. "^;" -^I^ 1 9. By muitjpjying the ciaimants annual dependency of Rs.18,000/- by multipiier of 10 as seiected by the tribunai, the amount of compensation on account of loss of dependency works out to Rs.1,80,000/-. The ciaimants/appellants are further entitied for Rs. 10,000/- on other heads (Rs.5,000/- for ioss of estate + Rs.5,000/- for funerai expenses), and thus the ciaimants are entitled for a tota! sum of Rs. 1,90,000/- as compensation instead of Rs. 1,65,000/- as awarded by the Tribunal. 10. For the foregoing reasons, the appeai fiied by the appetlants for enhancement of compensation is ailowed in part. The compensation of Rs. 1,65,000/- awarded by the Tribuna! is enhanced to Rs. 1,90,000/-. The appeliants/daimants are further entitied to receive Rs.25,000/- over and above the amount av/arded by the Tribunai. Enhanced amount of Rs.25,000/- shali carry interest @ 6% per annum from the date of fiijng of ciaim petition tiil its actuai payments. Award is modified to the above extent. Rest of the conditions mentioned in the award shail remain intact. 11. The respondent No. 3/National Insurance Company is granted three months time to deposit enhanced amount of compensation of Rs.25,000/- along with interest @ 6 % per annum from the date of fi!ing of ciaim petition before the concerned Ciaims Tribuna!. 12. No order as to costs. Sd/- N.K. Agarwal Judge D/-