mmm Wm KW IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILAsPUR Misc. APPEAL (C) No.1 5: S/ (2008 APPELLANT : ICICI Lombard General Insurance INSURER Co. Ltd., Through Legal Manager Lal Ganga Shopping Mall G. E, Road, Raipur District Raipur, Chhattisgarh VERSUS Abdul Nadeem Qureshl, S/o A.R. Qureshl, aged aout not known to the appellant, resident of quarter No. 93, . Irrigation Raipur, Chhattisgarh Colony, Shantinagar, [VEHICLE OWNER] M ..w..... MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOP. VEHICLES ACT 1988 AQQeal valued at Rs. 12,55,000z- (Twelve Lakh and Fif' Thousand Only) \ME Amtito Dag/Advocate ..... ma \_. i " RESPONDENTS : l. Smt. CLAIMANTS $ Shahjaha Begun W/o Shri Sheikh Ajimuddin Aged about 55 years, 2. Shri Sheikh Ajimuddin, S/o # Sheikh Tarabuddin, Tarabuddin, aged 56 years Both resident of Forest Colony, Raja Talab, Raipur, Post Raipur, Post Raipur District Raipur, Chhattisgarh Shri Dinesh Kumar ; Sahu S/o Shri Hari Ram Sahu, aged about not known not known to the appellant, resident of Vlnobha Bhave Nagar, Raja Talab, Raipur, Post Raipur, Chhattiagarh appeHant/insuranoe company against the award dated 29.08.2007, passed by Chief Mntor Accident Ctaims Trthunat Raipur (for short ‘the Trihunat‘) in ctaim case No. 98/06, awarding Rs. 12,55,000l- ass compensation in favour of the claimants, hoiding appeiiant/ineurance company liable for lte payment along with interest @ 6% per ennum from the date of application till ite payment, 2. The onty submieeion made by Shri Amrito Dee, learned counsel appearing for the appellant/insurance company is that claimants/parents are of the age of 54 at 55 years and the deoeaeed was a bachelor, therefore, the Tribunal hae erred in deducting 1/3” towarda personal expenaae of deceased and ,P .\ iurmnwiwt o it l HIGH $0URT OF QHHATTmGARH AT m..ASPMR MA (0% No. 165 0f 2008 APPELLANT IClQl Lombard General insauranee, Insurer Co. Ltd. VERSUS, RESPQNDENTS Smt. Shahjaha Begum & Others APPEAL UNDER SECTION 173 OF THE MOTOR VEHSQLES ACT DB: Han’me 5hri NM. Awrwa! £1, Hon’bie Shri‘Gulam Minhajuddin, JJ. Present : Shri Amrito Das, Advocate far tha appellant Shri MK Bhaduri, Advocate for respondent No.1 82. ORAL QRmiR (Pagsed m1 22.0320? 1) Pm : N.K. Agarwal, J. 1. The instant appeal hag; been prafe‘arrm by the also in applying multip!ier 0f 16. Therefore, tha award amount is; required to be suitably reduced. On the other hand, learned couneel appearing fer the respondente supported the award and weuid suhmit that in the facts and circumetances of the case, the Tribune! has righth; passed the award which deeervee t0 he upheld We have heard the counse! appearing fer the partiee, perused the order impugned and records of court below The Tribunal aeeeeeed the income of the deceased at Rel 1,17,000/- per annum; deducted W8” of it. (le. Re. 3Q,OOO/«) towards personal expenses of the deceased; appiied multiplier of 16, assessed the amount of compeneation towards loss of dependency at Rs. 12,48,000/- (78mm- x 16 = 12,48,00o/—) and further awarded Rs. 7,000/— on other heads and thus awarded total sum of Rs. 12,55,000l—(12,48,00Q/-+7,QOQI-) in favour of the claimants. The Supreme Court in case of Sarla Verma ($mt.) 8: others v. Delhi Transport Corporation & another‘, has held : if the deceased was a bachelor, one half (50%) of the income of deceased should be deducted towards personal & living expenses of the deceased. Further, looking to the age of claimants as 54 & 55 years, the multiplier of 16 applied by learned Tribunal also appears to be on higher side, therefore, we propose to re-oompute the amount of compensation. ‘2009 (6) scc 121 7. After deducting 50 percent of the income 0f the deceased towards his persona‘f and living expenses, the annua' l0$$ 0f dependency womd be Ra 58,5QO/— per annum. By appwing muItipNer of 10 in View of dicta of $npreme Court in case of Municipai Corporation of Greater Bombay v. Layman lyer and Another? wherein it has been heid that in case where the claimants are parents, the muitiplier shouid never exceed to 10, total amount of compensation on account of lcee of dependency would be worked out to Re. 5,85,000/- (Rs. 58,500 X 10)‘ The claimants are further entitled to Re. 15,00DI— on other header (Rs. 10,000/— towarde lose of eetate and Re. 5,000f— towarde funeral expenees). Thus, the clatmante would become entitle for Rs. 6,00,000/- as compensation in piece of Re;l2,55,000/~ as awarded by the Tribunal. 8. in View of above, the appeal is allowed in pert The award amount is modified and now in piace of Re. l2,55,000/— the claimants are entitled only for Ra. 6,00,0001- ae compensation for the death of deceased Sheikh Mohiuddin. The above amount of compensation shall carry interest @ 6 percent per annum from the date of application till its actual payment. 9. The appellant/insurance company is granted three monthe time to deposit the amount of compensation before the concerned e \A‘ti Tribunal. No order asto costs. Sd/— Salk NK. Agarwat Judge G. Minhajuddin Judge Kvr 2 2003 (8) SCC 731