^fo HiGHCOURTOFCHHATTISGARHATBILASPUR DJViSiON BENCH: Coram: HON BLE MR.T.P.SHARIVIA B HON'BLE MR.R.N.CHANDRAKAR, JJ. SVItsc. Appel (0 No.142 of 28Q9 Smt.Saida Begum and another Versus Anii Kumar Yadav and others Mise.ADDeal (C) No.186 ot 2009 The New Sndia Assurance Company Limlted Versus Shahln Sheikh and others Misc.Appeal (Cl No.188 of 2009 Abdui Gajanfar Kadari Versus Smt.Sahin Sheikh and others ORDER FOR CONSIDERATION Sd/- T.P. Sharma Judge Hon'bfie Mr.R.N.Chandrakar, J. 3 ^( Sd/- R.N. Chandrakar Judge Post for pronouncement of the Order on : 7/9/2011 Sd/- T.P. Sharma Judge .H!e!iCOURT_QECHHATTJSGARH AT BtLASPUR DSVSSiON BENCH: Coram: HON'BLE MR T.P.SHARSVSA & HON'BLE MR.R.N.CHANDRAKAR, JJ. Misc.Appeal (C) No.142 of 2008 Appeliants Respondents Driver Owner insyrer Appeilant 1. Smt.Saida Begum, W/o Shri Abdui Hakim, Aged about 55 years, 2. AbduS Hakim, S/o Late Abdui Karim, agsd about 58 years (not mentioned in award) Both are R/o H.No.7/205 Mehbubiya Chowk, In front of Narendra Street Cover, Baijnath Para, Raipur(CG) Versus 1. Anii Singh Yadav S/o Batvir Singh, aged about 30 years, R/o 26 Trimurti Nagar, Behind Maiia Maidan, Graiior (MP) 2. Abdui Gajnfar Kadiri, S/o Abdui Aziz Kfiidju, H/o Uved Ndyar, ERta CoSony, Near Bade Pooi, Kukadajagat, Chhindwada, TaliSii and District Chhindwada (MP) 3. The New indla insurance Co.Ltd. Bhutani Complex, Power House, GE Road, Bhiiai, Dfetf.Durg. 4. Smt.Shahin Sheikh, Wd/'o Abdul Shahid, Aged aboyt 36 years, R/o MiG 07 Padamnabhpur, Durg, P.S. City Kotwaii, Durg (CG) SVitsc.Appeai (C) No.186 of 2009 The New indta Assurance Company Limited, through -- Djyjsional Manager the New India Assurance Company Limited, BiSaspur, 2 Floor, Rama Trade Centre, Opposite-Rajeev PSaza, Bus Stand, Biiaspur (C.G.) Versus ^TS^ "-^^•' /df' ^ &. '^"t^ ^. • ";^. •"»i Respondents CSalmant Driver Owner •z 1. Smt.Shahin Sheikh wd/o Abdul Shahid, aged a^out 34 years, R/o MSG 07, Padmanabhpur, Durg, Poiice Station KotwaSi, District Durg (C.G.). 2. Ani! Singh Yadav s/o Balveer Singh, aged about 28 years, R/o 26 Trimurtj Nagar, Behind the Maiia Maidan. Tah. & District Gwaiior (M.P.) 3. Abdui Gajnafar Kadri, S/o AfoduS Azlz Kadri, aged about 55 years R/o Uved Nagar, Ekta Coiony. near Bads Pu! Kukdajagat, Chhindwada, Tahsfi, District Chhtndwada (M.P.) 4. 5. Smt.Saida Begam w/o Abdul Hakim, aged about 53 years, Abdui Hakim s/o iate Abdui Karim, Both R/o House No.7/205 Mehbubiya Chowk, in frount of Narendra Sheet Cover, Baijnathpara, Raipur (C.G.) And iVlssc.ADpeai t'Cl No.188 of 2009 AppeSJant (Owner) ResRondents Abdui Gajanfar Kadarl, S/o. Abdui Aziz Kadari, R/o Uved Nagar, Ekta Colony, Near Bade Pool Kukdajagat, Chhlndawada, Tahssi and Djstrict Chhindawada (M.P.) Versus Smt.Sahin Shelkh, Wd/o AbduS Sahid, aged about 34 years, R/o. M.S.G.-07 Padmanabhpur, Durg, P.S. Kotwaii, Durg, District Durg (C.G.) CIalmant AniS Singh Yadav, S/o. BaivJr Singh, aged about 28 years, R/o. 26 Trlmurti Nagar, Behind Maila Maidan, Gwaiior (M.P.) (Driver) The New india insurance Company Umited, Bhutani Complex, Power House, G.E. Road, Bhiiai, District Durg (C.G.) (Snsurer) Smt.Saida Begum, W/o. Abdu! HaRim, aged about 53 years ^r^^^^^^ fe.;.^" o- 5. Abdui Hakim, S/o. Late Abdul Karim, No.4 & 5 Both R/'o. House No.7/205 Mehbubiya Chowk, Opposite Narendra Sheet Cover, Baijnathpara, Raipur (C.G.) (Appeals under Section 173 ofthe Motor Vehides Act, 1988) Mr.R.K.PaSi, counsej for the appeilants in MA.(C) No.142 of 2009 and counsel for respondents No.4 and 5 in M.A.(C) Nos-186 and 188 of 2009. Mr.H.S.Ahiuwaiia, counsei for respondent No.1 in M.A.(C)No. 142/2009 and counsel for respondent No.2 In SV!.A.<C) Nos.186and188of2009. Mr.Sourabh Sharma, counset forthe appeliant in M.A.(C) Nos.186 of 2009 and counsel for respondent No.3 in M.A.(C) Nos.142 and 188 of 2009. Mr.Avinash Chand Sahu, counsei for the appettant in SVS.A.(C) No. 188 of 2009, counsel for respondent No.2 sn iV2.A.(C) No.142 of 2009 and counsei for rsspondent No.3 in MA.(C) No.186 of 2009. Mr.Yawhwant Tiwari with Mr.Amiyakant Tlwarl, counsel for respondent No.4 in M.A.(C) No.142 of 2009, counsel for respondent No.1 jn M.A.(C) No.186 and 188 of 2009. PJWER (Passed on 7th September, 2011) The foiiowing order of the Court was passed by Mr.T.P.Sharma, J. 1. Since MA(C) Nos.142. 186 and 188 of 2009 fiSed against the common award dated 25.10.2008 passed by the 2nd AdditionaS Motor Accident Claims Tribunat, Durg (for short 'the Tribunai') in Ciaim Case No.24/2007, they are being dlsposed of by thls eommon order. 2. By fiiing M.A.(C) No.142 of 2009, the appeilants Smt.Sasda Begum and Abdu! Hakim (mother & father of deceased Abdus Shahld) have prayed for awarding proper apportionme?nt of compensation awarded to them in responderrt No.4 Smt.Shahin Sheikh, widow of Abdui Shahid, by filing M.A.(C) No.186 of 2009 the appeiianVSnsurance Company has chalienged the quantum of award dated 25.10.2008 passed by the 2 Additiona? Motor Accjdent C!alms TribunaJ, Durg (for short 'the Tribunai') Sn Claim Case No.24/2007 and by fjling M.A.(C) No.188/2009 appeiiant Abdui Gajnafar/owner of the vehicle has chaSSenged the iegality & propriety of the award retating to ^--^-.--.-----T---1- ^ ^ ^-- dlrection issued by the Tribunal that Insurance Company shali pay compensation and he is entitied to recover the compsnsation after adjusting Rs.1,00,000/- j.e. iimited IJability of insurance Company from the present appeliant and respondent driver AniS Kumar Yadav. 3. Brief facts necessary for disposai of these appeais are that deceased Abdui Shahid, aged about 36 years was working as Partner in M/s Nasa Engineering, he was dipSoma hotder, he died as a resuSt of accident on 26.12.2006 while returning from marriage of his brother- in-iaw. AniS Singh was cSriving the vehicte owned by Abdui Gajnsfar which was insured before the New india Snsurance Company Umited. Smt.Salda Begum and Abdui Hakim are mother & father of deceased Abdui Shahid. Smt.Shahin Sheikh, wife of deceased Abdul Shahid has fiied cfaim petition, in which she has made father & mother of deceased AbduS Shahid as defendants No.4 and 5. 4. By filing repiy, the Insurance Company has specificajjy pieaded that in accordance with condition of the policy, insurance Company is isable for iimsted isabiiity to the extent of Rs.1 iac. After provjding an opportunity of hearing to the parties, Searned Tribunai has awarded compensation of Rs.17,95,740/- and out of aforesald compensatton Rs.50,000/ & Rs.50,000/- was awarded to mother & father of deceased Abdu! Shahid. Considering the liability of the insurance Company, the Tribunal has directed fhat initialiy compensation shali be paid by jnsurance Company and he may reoover the amount ofthe compensation excluding to the iimits of its iiability from the owner of the vehicie. 5. Mr.R.K.Paii, learned counsel for Smt.Saida Begum and AbduS Haklm, mother & father of deceased Abdul Shahid, submits that in MusiJm law mother & father are aiso legai representatives of the deceased, therefore, they are entitled for compensation up to proper apportionment. 16. Mr.Avinash Chand Sahu, counsei for Abdul Gajnafar Kadri, owner of the vehicie, submits that poiicy was package poiicy, therefore, as per Circuiar dated 16.11.2009 issued by Insurance Reguiatory and Deveiopment Authority in referenoe: iRDA/NL/CiR/F&U/073/11/2009, nr'r ^^^^^^^.;w^>,g^.^-;;..^?^?'^^ ST ^' Snsurance Company is Siabie for payment of compensation and by giving direction against owner the Tribunal has committed an iiSegaSJty. 7. Mr.Yashwant Tiwari wifh Mr.Amiyakant Tiwari, counsei for Smt.Shahin Sheikh, wife of deceased Abdui Shahid, submits that mother & father of the deceased are her mother-Sn-iaw & father-in-law, therefore, proper apportionment may be given to them. 8. Mr.Sourabh Sharma, counsel for Insurance Company submits that whiie making compensation as personai expenses of the deceased to the extent of 1/3rd, the Tribunai has committed an illegality and considering the fact that ciaimants are wife, mother and fathsr, compensation for personai expenses wouid be %. 9. Mr.H.S.Ahiuwaiia, counsei for Anii Singh Yadav, driver of the vehicle, submits that he js not iiable for compensation in the iight of the latest circuiar dated 27.11.2009 issued by the Nationai Insurance Company Limited. As per aforesaid cjrcuiar, in case of package policy, insurance Company is iiabie for payment of compensatlon and liabiiity is not restricted. 10.in the present case, poiicy was package policy, therefore, insurance Company was iiable for compensation. Application for contesting the case in ail points under Section 178 of the Act fiied by the insurance Company was dismissed vide order dated 19.9.2008. 11 12 .Award impugned reveais that the Tribunal has consklered age of the deceased and income ofthe deceased and has used correct muftipiler. Consldering the age of widow as 34 years, age of mother as 55 years and age of the father as 58 years, the Tribunal has awarded compensation of Rs.50,000/ & Rs.50,000/- to mother & father. At the time of awarding such compensation the Tribunai has aiso heSd that they are legai representatives but not dependents upon ths deceased. .While caiculating the amount of compensation considering three iegal representatives, especially 34 years aged widow, the Tribunal has not committed any illegality. Bff y ,r!" "'^ ^ \sy1 - c {\ l3.As regards the quantum of compensation to mother & father of deceased Abdul Shahid, they are also entitied for reasonabl® compensation and by applying the dictum of the Supreme Court in the matter of D.Shanmukha Sundaramma v. D.8uneetha and others reported in (2009) 3 SCC 787, it wouici be appropriate to award reasonable compensation to mother & father of the deceased in the light of the aforesaid circuiar. The TribunaS has committed an ItlegaSity by directing Jnsurance Company to recover the amount of compensation from the owner. 14.Consequentiy, Misc.Appeai (C) No.188 of 2009 ffled on behaif of Abdul Gajnafar Kadri is aiiowed and owner AbduJ Gajnafar and driver Anii Kumar Yadav are exonerated from payment of compensation and the New india insurance Company is iiable to pay entire payment of compensation to the ciaimants, Misc.Appeal (C) No.142 of 2009 fsied on behaif of Smt.Saida Begum and Abdul Hakjm i.e. mother & father of deceased Abdui Shahid Ss partiy allowed and they are entitied for compensation of Rs.2,50,000/- each, totai Rs.5,00,000/- out of compensatjon of Rs.17,95,740/- awarded and Misc.Apppeal (C) No.186 of 2009 filed on behalf of the New india Assurance Company is hereby djsmissed. B/- Sd/- T.P. Sharma Judge Sd/- R.N. Chandrakar Judge /v^/ c-