BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH JUDICATURE AT BILASPUR Misc. Appeal (C) No. I............V......2008 APPELLANTS ORIGIONAL RESPONDENTS No. 1 & 2 >|®11 01. SURESH KUMAR KOSLE S/o. Shyam Lal Kosle ^ \^° ^^ R/o. Village:- Pangaon (/2,>-^ ^^ •^'^. - • :...':'^ ;>'' ^r^. y' Y- ^^ RESPONDENTS fci^.^.^.\ iwps^v:^f^@y' [^•^'-^'VCCAr&}. ^^?%^ ^^A'^J^ ^SiXf^ 1 5NOV Thana & Tahsil:- BALODABAZAR Distt. :-RAIPUR (C.G.) 02. MAKHAN KURRE S/o. Jaggan Nath Kurre R/o. Village:- Khaida, Post :-Lavan Tahsil:- BALODABAZAR Distt. :- RAIPUR (C.G.) VERSUS 01. Smt. Radhabai Chelak, Age-32 yrs. W/o. Late Krishna Kumar Chelak (Original Applicant No.1) 02. Kumari Jyotis Kumari, Age-1 2 yrs. D/o. Late Krishna Kumar Chelak (Original Applicant No.2) 03. Kumari Divya, Age-8 yrs. D/o. Late Krishna Kumar Chelak (Original Applicant No.3) 04. Kumari Varsha, Age-3 months D/o. Late Krishna Kumar Chelak (Original Applicant No.4) R/o. Village - Pangaon Post - Pangaon Thana & Tahsil:- BALODABAZAR Distt:- RAIPUR (C.G.) ^f^^^^-^.-^i-l ^y^ ^\<r^^^^ (^^ 6^^ ^^b«^. ^^T^^r ^W^SV^T;^-•-•^ UITTI 05. THE NEW INDIA ASSURANCE COMPANY LIMITED Through :- Divisional Manager, Divisional Office No.2 L.I.C. BuildingVaysayik Parisar Jeevan Bima Marg, Pandri RAIPUR (C.G.) Farmers Package Insurance Policy No. 451800/47/06/96/00000365 Validity - 03.03.2007 to 02.03.2008 (Original Respondent No.3) DATE OF ACCIDENT 11.03.2007 MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT 1988 THE JUDGEMENT IS PASSED BY THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL. BHATAPARA. CAMP COURT BALODABAZAR. Distt.:- RAIPUR (C.G.l ON 29.08.2008. PRESIDED BY SHRI M.S. KERKETTA ^ Hl^_COURT^F_GHHATTIS©/LRli^^^^ OIVISIQN BeNCH: HON'BLE MR. I.M.QUD&USI & HON'BLE MR.a^LAM MINHAJUDOIN. JJ. ApDellants Respondents M.A.fcl No.1537/2008 Suresh Kunuir Kosle & one mare Vs Smt. Kadha Bai Chelak & 4others Presents Mr. Sachin Singh ftajput, Advocatc for the Gppellants. Mr- Dharmesh Shrivastava, Advocate for respQndents No4 to 4- Mr. S<K< Agarwai, Sr, Advocatewith Mr- A, Supta, Adv, for re^ors^ent No.S. Oft&ER rOraO (22nd Juty, 2011) I.M. Quddusi. J; t. Heard. 2, The appellants-owner <& driver af offending vehicle have filed this misceKaneous cppeal under Section 173 of the Motor Vehides Act, 1988 chaJlen9in9 the award dated 11.3,2007 pqssed by the tearned Additional Motor Accident Claims Tribunat, Bhatapara, Camp Courtat Baloda Bazar, District Raipur (for brevity 'the Ctaims Tribunal') in Claim Case No.35/2007 partly allowing the claim petition of the claimants. 3. Facts of the case, in brief, are that on 11.3.2007 at about 9.00 p.m. the deceased was goin9 towards ^irodhpuri froin Pangaan in 1tie tractor- trolley bearing registration number C604-DA-704S & C^04-DA-7046 respectively. Tlhe driver, who was drivin9 the said tractor-trolley m rash and ne9ligent manner, all of sudden applied brakes as a result the deceased, who was sittin9 on the engine of tractor, fetJ down and came under the tyre of trolley attached to the tractor and sustairred grievous injuries. He was taken to the ^overnment Hospital, Balocta 8azar for treatment where he died while undergoing treatment. TTie cktimcmts have claimed compensation to the tune of Rs.13,05,000/- on Ihe ground that they were dependent on the deceased, who was sole eamin9 member in the family, and due to death of the deceased they have suffered toss of income [ ,.y' ,^-^ "^^ fe-.-^^S^ %. l|gpss| j v^ 4, On the pleadings of the parties, the Claims Tribunal has framed as many as seven issues and after hearin9 the parties in the matter hays partly allowed claim application of the claimants and awarded a sum of fts.8,51,000/- in all. 5. We have heard learned counsel for the parties and also perused the records of the Claims Tribunal. 6. So far as the assessment of menthly income of 1+ie claitnant at Rs.6,000/- is concerned, we have peru^d the record and found that there is no dacumentary evidence to Ifie effect that 1+ie deceased was earnin9 fts-6,000/- per month by selling vegetabtes on his bicycle ond from agricultural work and in absence of any definite evidence regarding monthly eaming of the deceased, the ClQims Tribynal has coriimitted a mistake in assessing monthly income of the decea^d at Rs.6,000/-. In such a situation, the Claims Tribunal shoyld have a^sessed Itie montfily Jncome of the deceased on 1+ie basis of notional (ncome pre^ribed in the Second Schedule under Section 163-A of the ^IAotor Vehicles Act, 1988 i.e. Rs.3,000/- per month. The multiplier of 17 applied by 1+ie Claims Tribunal is also not cor ct for the reason that as per judgment of Sorla Verma (Smt.) and others Vs. Delhi Transport Corporation & another reporl-ed in (2009) 6 SCC 121 where the deceased is between Ifie age group of 31 to 35 year^, multiplier of 16 would be applicable, Further, since lltere are faur claimcaits, as per judgment of Sarla Verma (supra) 1/4 towards pepsonol and living expenditure of the deceased is to be deducted and not l/3r<l QS deducted by the Claims Tribunal. 7. In view of the above, we hold that monthly income of the deceased was Rs.3,000/- i.e. Rs.36,000/- p.a. and after deductmg l/4th from the income of deceased as his personal and living expenditure and thereafter cpplying muttiplier of 16 to it, the loss of dependency would come To Rs.4,32,000/- (36000-9000x16). Besides this, the daiflnants are dso entitled to get fts.5000/- towards loss of consortium, Rs.10,000/- towards loss of estate 4t fts.5,000/- for funeral expenses. Hence, the ^'^ \K^ total amount of compensation for which the claimants are entitled for js Rs.4,52,000/-. 8. In the resutt, we allow the appeat in part and modify the award dated 29.8.2008 passed in Claim Case No.35/07 and direct that now the ctaimants shall be entitled to get Rs,4,S2,000/- as compensation along with interest © 6% from the date of dpplication till the payment is made. Out of 1+ie awarded amount, a sum of fts,l Laceach shall be deposited in the names of respondent Nos.2 to 4 in a fb<ed deoosit scheme of a nationalized bank for a period of 6 years under the guardianship of respond©ntNo.l-Mother< Balwtce amount includin9 the amount of interest shalt be paid to the respondent No,l in cash. 9< It is made clear that whatever amount has been deposited by the appellants shall be adjusted towards the amount of compensation as fixed by 1+iis Court and balance amount shatl be deposited by the appellants within a period of four months from todoy atong with interest. 10. The appeal is allowed in part to the extent jndicated above, -^_ Sd/- I.M. Quddusi Judge Sd/- G. Minhajuddin Judge RoshanA