2 IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.) CLAIMENTS M.A. (C)No. APPELLANTS : 1. 2. 3. 4. / 5. 6. 7. 72006 Smt. Gunja Bai, Wd/o Ravi Kumar Netam, Aged about 28 yrs. Ku. Chandra Kanta, D/o Late Ravi Kumar Netam, aged about 9 yrs. Ku. Priyanka, D/o Late Ravi Kumar Netam, aged about 4 yrs. Akash S/o Late RaviKumar Netam, aged about 2 yrs. Smt. Jagmautin Bai, Wd/o Ankalu Ram, aged about 52 yrs. Ku. Babita, D/o Late Ankalu Ram, aged about 22 yrs. Ku. Kavita, D/o Late Ankalu Ram, aged about 20 yrs. Appellant Nos. 2, 3 & 4 are represented by legal guardian mother Smt. Gunja Bai. All resident of Near of Bhilai Ispat Club, Uttar Vasundhara Nagar, Bhilai-3, Tah.& Distt. Durg(C.G.) VERSUS Kanti Lal Chopada, S/o C.L. Chopada, R/o Village Mulla Bhanupratappur, P.S. &Tah. Bhanupratappur, Distt. Kanker The Natitional Insurance Co. Ltd., Through- Divisional Manager, Divisional Office, Gill Complex, Behind of Gurudwara, Station Road, Durg (C.G.) Miscellaneous Appeal underSection 173 of the Motor VehicleAct. 1994 RESPONDENTS: NON-APPLICANTS n HIGH COURT OF CHHATTISGARH AT BILASPUR M. A.CONo. 334 of 2006 1 Smt. Gunja Bai & Others Vs. Kanti Lal Chopada & Another ^- Post for pronouncement of order on 1 /02/2010. Sd/- N.K. Agrawal Judge HIGHCOURT OF CHHATTISGARH AT BILASPUR Appellants/ Claimants Respondents Non-apDlicants M.A. (0 No. 334 OF 2006 Smt. Gunja Bai & Others Versus Kanti Lal Chopada & Another. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. (SB: Hon'ble Mr. N.K. Aaarwal. J.) ^Present : Shri A.L. Singroul, Advocate for appellants. Shri Dashrath Gupta, Advocate for respondent No.2. ORDER (Passed on _3__day of February, 2010) This is claimant's appeal for enhancement of compensation against the award dated 28.06.2006, passed by the 8th Additional Motor Accident Claims Tribunal (FTC), Durg (for short 'Tribunal') in claim case No. 197/04 whereby and whereunder a sum of Rs. 2,90,300/- has been awarded in favour of appellants/claimants and as against the respondents alongwith interest @ 6 percent per annum from the date of application. The brief facts of the case are that, on 01.06.2003, the deceased Ravi Kumar Netam, while driving the Fiat Car bearing registration No. CG-04/ZD/5742, owned by respohdent No. 1 and insured by respondent No. 2, met with an accident resulting in his spontaneous death. • The claimants, i.e. unfortunate widow, minor children, mother and unmarried sisters, by filing an application under Section 163-A ofthe Motor Vehicles Act (for short 'MV Act') against the Owner and •S-.lV.'S'lk^- v'^. ^"'"s' ^Vv^ 'i^, •I'SS'^^ ^ ';li^-. § 'a'a!3!asf3!t 4. 6. 7. Insurer of the said Car, claimed Rs.59,50,000/- as compensation for death of deceased in the said accident. The Tribunal, on a close scrutiny of evidence led by the parties and the material available on record, allowed the claim of the claimants in part and awarded the aforesaid amount as compensation in favour of the claimants. Shri A.L. Singroul, learned counsel appearing for the appellants would submit that the Tribunal has erred in not accepting the claimants evidence about income of the deceased and in awarding low compensation of Rs. 2,90,300/- only. Shri Dashrath Gupta, learned counsel appearing for the respondent No. 2/insurance company, on the other hand, supported the award and contended that the claimants could not establish any definite income of the deceased. The award passed by the Tribunal is just and proper in the facts and circumstances ofthe present case. 1 have heard the counsel appearing for the parties and also perused the record and order impugned. The Tribunalassessed the income of deceased at Rs. 2100/-per month i.e. Rs. 25.200/- per annum; after deducting 1/3 of it towards personal expenses of the deceased, assessed the loss of yearly dependency at Rs. 16,800/-; looking to. the age of deceased at the time of accident between 35 to 40 years, applied multiplier of 16, and thus awarded Rs. 2,68,800/- towards loss of dependency. The Tribunal further awarded a sum of R.s. 21500/- towards other Heads and thus awarded a total sum of Rs. 2,90,3007- as compensation. •^ti ,^"^ ~\ ^%^SK1, r'i"s3^ ..-*- %.-^'y 9. 10. 11 12. As per claimants evidence, the deceased used to contribute Rs. 3300/- per month upon his family i.e. the claimants. It is not disputed even in the cross examination of the claimant by the respondent that deceased was working as a driver in the said Car, therefore, the finding recorded by the Tribunal regarding monthly income of the deceased at Rs. 21OO/- is without any basis. Division Bench of this Court in case of Durjan & Others v. Ashok Kumar & Others, reported in 2009 (3) CGLJ 191 (DB), while considering the claim filed under section 166 of the MV Act, assessed the notionat income of the deceased at Rs. 30,000/- per year by taking into consideration the increase in the prices of essential commodities and the cost of living between the year 1994 and the year of the accident i.e. 2001 in place of notional income of Rs. 15,000/- as prescribed in the Second Schedule under Section 163-AofMVAct. In the instant case, looking to the evidence adduced in case, the Tribunal ought to have held that the deceased used to earn Rs. 2500/- per month i.e. Rs. 30,000/- per annum. Therefore, 1 propose to re-compute the compensation of the deceased at Rs. 30,000/-per annum. By deducting, 1/3 of income of the deceased towards personal expenses; claimants dependency assessed at Rs. 20,000/-per annum, by applying multiplier of 16 as applied by the Tribunal, the compensation on account of loss of dependency would be.Rs. 3,20,000/-. The claimants are further entitled to receive Rs. 2000/- towards funeral expenses, Rs. 5000/- towards loss of consortium .^e"^,^ «->"'A. -"%h a .-K^SSs, fe •^y and Rs. 2500/- towards loss of estate. Thus, the claimants become entitled to receive a total sum of Rs. 3,29,500/- as compensation for the death of deceased in the said motor accident. 13. In the results, the appeat is allowed in part. The compensation of Rs. 2,90,300/- awarded by the Tribunal is enhanced to Rs. 3,29,500/-. The appellants are entitled for a further sum of Rs. 39,200/- in addition to the amount already awarded by the Tribunal alongwith interest as awarded by the Tribunal from the date of application. The respondent Np. 2/insurance company is granted three months time for depositing the enhanced amount i.e. Rs. 39,200/-alongwith interest @ 6 percent per annum from the date of application before the concerning claims Tribunat. No order asto N.K.Agrawa! Judge •^ Sahu