IN THE HON'BLE HIGH COURT OF CHHATTESGARH AT BILASPUR (C.6.) M.A. (0 No. ^^L| of 2011 ^^lle a&,-^,.: .f\.•^ APPELLANTS :1. Melaram Kashyap, S/o Late Ganeshram, aged about 45 years, Caste-Kurmi <& Service vXA'1?sV^ ...^••' 2. .^^y""....^ ^^-".^r'^^" ^"'.-^'..^ ^-^";^^1 l^'w Smt. Usha Bai, W/o Melaram Kashyap, aged about 40 years, Both R/o Village-Semaria, Tahsil- Champa, Police Station-Bahmnidih, bistrict-Janjgir-Champa (C.G.) RESPONDENTS VERSUS 1. ^. ^ Ganeshram Chandra, S/o Chandrika Prasad Chandra, R/o Village- Bodsara, Police Station <& Tahsit- Jaijaipur, District-Janjgir-Champa (C.6.) 2. Gangaprasad, S/o Kalapram Sidar, aged about 50 years, R/o (yudeti, Police Station-Sarangarh, District- Raigarh (C.6.) 3. Tikam Prasad, S/o Sarhu, aged about 40 years, Caste-Rawat, R/o Vitlage-Kachanda, Tahsil-Jaijaipur, bistrict-Janjgir-Champa (C.G.) 4. The New India Insurance Company Limited, through the Branch Manager, Branch Office, Raigarh, District-Raigarh (C.6.) MEMO OF APPEAL UNDER SECTCON 173 OF THE MOTOR VEHICLE ACT 1988 FOR ENHANCEMENT HIGH COURT OF CHHATTISGARH AT BILASPUR MArC)No.824of2011 APPELLANTS RESPONDENTS Melaram Kashyap & another VERSUS Ganeshram Chandra & others (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT) (SB: Hon'ble Mr. N.K. Aaarwal. J.t Preseht : Shri HS Patel, Advocate for the appellants. Shri Sudhir Agrawal with Shri P. Dutta, Advocates for respondent No. 4. ORAL ORDER (Passedon 08.12.2011) 1. 2. ^ This is claimants' appeal for enhancement of compensation awarded by the Addl. Motor Accident Claims Tribunal, Sakti, Dlstt. Janjgir Champa (for short 'the Tribunal') in clalm case No. 65/09 vide award dated 30.04.2011 . As against compensation of Rs. 15,46,000/- claimed by unfortunate parents of deceased Ku. Sangeeta Kashyap by filing application under Section 163-A of the Motor Vehicles Act, 1988 (for short 'the MV Act') for the death of deceased in the motor accident on 27.12.2008; the Tribunal awarded a tota! sum of Rs. 1,32,500/- aiong with interest @ 7 percent per annum from the date of application tiil its actual payment. The Tribunal, on a ciose scrutlny of the evidence led, he!d : the accident had occurred due to collision between motorcycle bearing registration No. CG-11 -A-5257 being driven by Melaram Kashyap and the Tractor bearing registration No. CG-13-A-1028 being \ l^ 4? driven by Ganeshram Chandra; Ku. Sangeeta Kashyap died on account of injuries sustained in said accident; respondent No. 4/The New India Insurance Co. Ltd. liable for payment of compensation to the claimants as it could not establish violation of poiicy conditions; assessed and awarded aforesaid sum to the claimants/appellants. Stiri HS Patel, learned counsel for the appellants while not disputjng the income of the deceased as Rs. 36,000/- per annum as assessed by the Tribunal and the multiplier of 10 as selected in the case, would submit: the Tribunal has erred in deducting 2/3 of income of deceased towards her personal expenses whereas in view of judgment of Supreme Court in case of Sarla Verma (Smt.) & others V. Delhi Transport Corporation and another, the amount of 50 percent should have been deducted for her personal expenses, and thereby, the Tribunal has erred in awarding low amount of compensation. On the other hand, Shri Sudhir Agrawal, learned counsel appearing for respondent No:4/The New India Insurance Co. Ltd. supported the award jmpugned and would submit in the facts and cjrcumstances of the case the amount of compensation awarded by the Tribunal is just and proper compensation and needs no interference. 6. I have heard the learned counse! appearing for the parties and perused the award impugned including records ofthe Tribunal. 5. ^. ' 2009 (6) SCC 121 ^-- .,—; -r-^ ^^-..i^ f^ws^- 7. The fact that deceased Ku. Sangeeta Kashyap died on account of injuries sustained in the said accident and the jnsurance company is liable for payment of compensation are now not in dispute. 8. The Tribunal assessed the income of deceased as Rs. 36,000/- per annum; deducted 2/3 of it towards her personal expenses; applied multiplier of 10 and assessed the amount of compensation as Rs. 1,20,000/-. The Tribunal further awarded Rs. 12,500/- on other heads, and thus, awarded a total sum of Rs. 1,32.500/- as compensation to the claimants. 9. The Tribunal has certainly erred in deducting 2/3 of the income of deceased towards her personal expenses in view of judgment of Supreme Court in case of Sarla Verma (Supra), wherein it has been held : in case of parents, normally standard deduction towards personal expenses of the deceased would be 50 percent. Therefore, 1 propose to re-compute the amount of compensation by deducting only 50 percent of the income of deceased towards her personal expenses. 10. After deducting 50 percent towards personal expenses of the deceased, the yearly loss of dependency would be Rs. 18,000/- per annum; by applying multiplier of 10 as applied by the Tribunal, the amount of compensation towards loss of dependency works out to Rs. 1,80,000/-. The claimants are .further entitled to Rs. 10,0007- on other heads (Rs. 5000/- for funeral expenses and Rs. 5000/- for loss of estate) and thus, the claimants/appellants would "IJ "y (^ become entitle for Rs. 1 ,90,000/- as compensation in place of Rs. 1,32,500/- as awarded by the Tribunal. 11. For the foregoing reasons, the appeal is allowed in part. The compensation of Rs. 1,32,500/- awarded by the Tribunal is enhanced to Rs. 1,90,000/-. The appellants are entitled for a further sum of Rs. 57,500/- over and above the amount of Rs. 1 ^32,500/- awarded by the Tribunal. The above enhanced amount of compensation of Rs. 57,500/- shail carry interest @ 6 percent per annum from the date of application till its actual payment. Rest of the conditions mentioned in the award shal! remairs intact. The award stands modified to the above extent. 12. The respondent No. 4/The New India Insu'-ance company Ltd. is granted three months' tlme to deposit enhanced amount of compensation of Rs. 57,500/- along with interest before the concerned Tribunal. No order asto costs. Sd/- N.K. Agarwal Judge Sahu 11 h^l