•<\ <<-' 'T\. .-n^^\^^^"V^^TS/^ /i^/^'--^^^^/lL^'^y^V^^1 -^V^/V^^^^/L^V^^^<^<1^.- fi... INTHEHlGHCOlJRTOFCHHATnSGARHATBILASPUR >Ns-3 ^ M.A.fCyNo......i.7.(.^......./2010 APPELLANT/RESPONDENTNo. 2 a.R.^S- "5e^/I0..., sw '^^^^•iu l?...- e%^^^ ®- VERSUS The OrientalInsuranceCo. Ltd. Through, DivisionalManager,P.B. 5^, Mahdya Nagar Durg (C.G.) Thasil &Zilla Durg RESPONDENTS/APPLICANTS ^ 1. Sunil Saharia S/o Basant Ray Saharia Age above 40 years Zilla Durg(C.G.) 2. Amari Saharia S/o SunH Saharia Age above 10 years. respondent No. 2 under guardian pf respondent no. 1 Bofh are -Resident of M.I.G. 370 Hurko Bhilai Thasil & ZUla Durg (C.G.) 3. Abdul Kalam S/o Abdul Aseem Age above 37 years resident (in the house of) Babu Musalman House's Kelabari,E>ui-g (C.G.) Driver ofVeKicle Bus No. C.G. 07 ZA022P : ', ,, „..: ::: • •;, 4. Mohd Feroz S/o Abdul Sattar Age above 33 Yrs. resident of Relince Toors&.Trayels^NewBysStan'dDurg (Owner ofBus No. C.G.07 ZA 0221) ^ iiiEu--.-.^.. ^^.'-••fl;- t^^si ^^ y 1!s 5 ^ R: ^ 00- OQ; n tS •;-,:^^(;,.|j|B^g^ ^ /D HIGH COURT OFCHHATTISGARKAT BILASPUR M.A.tei NQ. 440 OF 2010 APPELLANT/ RESPONDEBT K0.2 RESPONDENTS/ APPLICANTS Tlic Oricutal lusuiiauuc Co. Ltil. Vetsus ' SuiulSahsu-ia aud oitici's. ^y APPBAL UNDER SECTIOH 173 OF THB MOTOR VBHICLBS ACT, 1988 Division Betteii: Hoa'bleSluri i.M. Ouddusi & Hon'Me Shri G. Mlnhaluddln. «2U. Present; Smt Chitra Shrivastava, counsel for fhe appeBaut. Shn C.R. Sahy, counscl fbr respondeiit No, 1 &2. Shri Vikram Dirit, counscl for icspondcnts No.3 & 4, ORAL ORDBR (Passed on05th day ofJuly, 2011) Per i.M. Quddusi. J. Thls appeal has been filed by the appeIlaiit/Oriental Insiu'ance Co. Ltd. against the iuipugaed award dated 06-02-2010 passed by Seventh Addltioiial Motor Accident Clalnis Trlbiuial, (F.T.C.), Dm^ (for sliort 'the Clamis Tribiuial) lu. Claim Case No.37/2009, iu so far as it relates to quantum partonly. 2. The appellant/lnsuraace Coiupaay tias got permlssipn uiider Sectiou 170 offhe Motor Vehicles Act, 1988. 3. Brief facts of fh.& case accorduig to claunairts are fhat deceased was wife of eiauaartt No. 1 and jtBofher of Claauant No.2. On 15-01-2009 at 2-15 P.M., the deceased Smt. Pi-atibha Saliana was goiug firoui Sector - 8, Bhllai to HUDCO her house dt Bhflal along witii one Nareudra Kumai' Sbai on the motojrcycle Hero Hoada Splendor bearing regMtratioa No. C.G. 08 F/3133, as pilUoja rider. WIxeu they reached Sector 9 Hospital Square, Bhilai, the. said Hero Honda Motorcycle was d^tied by D.P.S. School Bus bearing registration No. C.G. 07 ZA/0221 due to I'ash aiid iiegligent drlviug of the duver pf fhe Bus, asaresultofwhiGhshesustauiedgrievousiujutiesin the <T accident. She was aduutted to SectorS Hospltal where she died onfhesaniedayat 7.00 P.M. during course oftreatment. The report of ftie iucident was lodged at Bhilai Nagar Police Statiou vide Criuie No. 19/2009. 5. The c-1aimauta being legal heirs offhe deceased had filed a petition under Secuon 166 of fhe Motor Vehicles Act (for short fhe Act, 1988') before fhe Claiuis Trlbunal claiuuug total compensation of Rs.61,44,800/- forfhe death of deceased iu the said acciuent. • G. Learned Tribuual ou a close scrutiny of evideuee led, inat&rial placed and subniissions luade by the parties, has awarded a total sum of Rs. 12,64,528/- as couipensation along with iaterest @ 6% per annhm. 7. We have heatd learned coiiusel for the parties and perused the records of the Claims Tribunal as also fhe impugned award. ~ 8. Learued counsel for the appeUaut has subaiitted tfaat the learned Tribunal has calciilated fhe iacome of the deceased froBi fhree sources, i.e. oiie is froiu salary, secouu one is also froai salaiy aad fhiid one is fi.Tom tuitioa as she was a teacher. 9. We do not thiak a person would get eariuag from fhitee sources, more particularty workiug in two schools. Record of the Clauus Tribiinal does not show that fb.e deceased was getting salaiy of Rs. 4,000/- per moafh by working as coiiiputer teacher beeause no eei'tificate to this effect is available oa record except the appointment letter dated 28-03- ' 2008. However, the certtflcate offhe salajy/houorarium offhe dece&sed QfRs.5,800/-per inbafh 1s available ou record. We Biay presume fhat froni tuitiou also she could hav& been earnlng Rs.1200/- per luonth. Theiefore, the uionthly Inconie ofthe deeeased cau t>e assessed at Rs.7,000/- per jaOLonth. Oue more factor is that her husband/elainiaut No.l is also aa earniug inember. Therefore, corisidering the inconie of the deceased as Rs.7000/- per uioufh, fhe annual iacohie conies to Rs.84,000/- and afijer deducting l/3rd towards persoual ^ ^^ £. ./ ..x- .f expeuses the loss of dependency coines to Rs.56,000/-. Aecordir^ to multipller scale given by HonTsle flie Apex Court ni Uie uiaUer o! Sarla. yennti (Sfnt.jcutd athers — ws- Deffii Trcinsport Corporcdxon euid vuwthsr reporled in (2009) €SCC 121, tl-ie multipUer of 16 is to be made appllcable iii ftie case on record. Therefore, we award Rs. 8,96,000/- (.56000 X 16= 8,96,000/-) towards loss of dependeiicy. Besides thls, fhe claimaiit/Kusbaiid of the deceased is entitled to Rs.10,000/- towafds loss of consoitium aiid claimaiit No.2 is entifled to Rs. 10,000/- towards loss of love aiid affection. Fm-flier, the claimaiits are entitled to get Rs. 10,000/- towards loss ofestate and Rs. 5,000/- towards funeral expenses. After adding total Rs. 35,000/- towards conventional heads, fhe clakuaiits are entltled to get a total aniomit of compensation of Rs.9,31,000/- (Rs.8,96,000 + Rs.35,000 =Rs.9,31,000). The leai'ned Tribunial has awai'ded Rs. 12,64,528/- wl'uch is liiglier ttiaii the eiititlement oftlie clalmants, tlierefore, tlie auiouiit of compensation is reduced to tlie above extent. 8. Accordingly, the appeal 1s aUowed la part. TIie impugned award 1s niodlGed aud tbe aniouut of coiictpeusation of Rs.12,64,528/- is reduced to Rs. 9,3l,000/'-. Rest of the conditions of the impugaed award shaU remaui iatact. No order as to costs. Kw SA'- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge