HIGH COURT OF CHHATTISGARH AT BILASPUR Appellants Respondents ADpellants Respondents Appeltant Respondents M.A.fONo. 526 of 2008 Smt. Snigdha Sarkar & others VERSUS Udayram Verma & others M.A.(C)No. 527 of 2008 Smt. Jaishree Bhupal & others VERSUS Udayram Verma & others & MAfONo. 528 of 2008 Uttam Das VERSUS Udayram Verma &others ORDER 3^ For consideration 18" -07-201 1 Hon'ble Shri Raieev Gupta J Sd/- Chief Justice Sd/- N. K. Agarwal Judge Postfor|5 -07-2011 Sd/- N. K. Agarwal Judge l^ HIGH COURT OF CHHATTISGARH AT BILASPUR M. A.(ClNo. 526 of 2008 ^1 APPELLANTS CLASMANTS RESPONDENTS NON-CLAIMANTS 1. Smt Snigdha Sarkar, W/o Late Sushant @ Manik Sarkar, aged about 34 ysars, 2. Ku. Jaishree Sarkar, D/o Late Sushant @ Manik Sarkar, aged about 12 years 3. Ku. Muskan Sarkar, D/o Late Sushant @ Manik Sarkar, aged about 04 years 4. Subhashchandra Sarkar, S/o Late Surendranath Sarkar, aged about 7Q years (Died) (Appellant No^ & 3 t»ing minor on behalf of tiirough their l^a! guardian mother appellant No.1 Smt. Snigdha Sarkar) All R/o New Market, Mana Camp, Poliee Station, Mana camp, Tehsil & District ~ Raipur (C.G.) VERSUS 1. Udayram Verma, S/o Amirchand Verma, aged about 34 years, R/o - N©arthe Banjari Mandir, Rawanbhatha, Pofice Station - Khamtarai, Tehsil & District - Raipur (C.G.) Permanent R/o - Vitlage -- Muswadih, Police station - Kharora, District ~ Raipur (C.G.) (Driver of vehicte Truck bearing registration No. C.G. 04/J-0220) 2. Shrichand Prem Chanclanl, S/o Shobhraj Prem Chandani, R/o - Near the Vidya Vigyan Schooi, Ravigram, Telibandha, Raipur. District - Raipur (C.G.) (Owner of vehicle Truck bearing registration No. C.G. 04/J-0220) 3. The New Indja Insurance Company L.imited through Divisional Manager, Divisional Office-2, RDA Building, Bajrang Market, Raspur, Tehsil & District - Raipur (C.G.) (Insurer of vehicte Truck bearing registration No. C.G. 04/J-0220) ,^'^h ,f If^ K .,-^fe.''!' ^\ //:i."' '^m '¥::^.-.f ^ -.••~-^.^f APPELLANTS CLAIMANTS^ RESPONDENTS NON-CLAIMANTS 4. Subhash Das, S/o Nepatehandra Das, aged about 60 years, R/o Mana Camp, Mana, Tehsil & Distrid Raipur (C.G.) (Owner of vehicle Indica Car bearing registration No. C.G. 04/ZD/3540) 5. The National Insurance Company Limited thFough DMsional Manager, Divisional OrRce, Miobin Mahal, in front of Jila Shakari Bank, Beside of Lal Ganga Shopping MaSI» G.E. Road, Raipur, Tehsil & District - Raipur (C.G.) (Insurer of vehicle Indica Car bearing registration No. C.G. 04/ZD-3540) M.A. (Cl No. 527/2008 1. Smt. Jatshree Bhupal, W/o Late Rakesh @ Montu Bhupal, aged about 28 years, 2. Ku. Rinka Bhupal, D/o Late Rakesh @ Montu Bhupal, aged about 04 years. 3. Ku. Raunak Bhupat, D/o Late Rakesh @ Montu Bhupal, aged about 02 years, (Appellants No. 2 & 3 teing minor on behalf of through their tegal guardian mother appetlant No.1 Smt Jaishree Bhupal) All Present R/o Mana Camp, Tehsil & Disrict Raipur (C.G.) Permanent Address ^Chandan Nagar, Bhadreshwar, Hugaii (West Bengal). VERSUS 1. Udayram Verma, S/o AmSrchand Verma, aged about 34 yeare, Rfo - Near the Banjari Mandir, Rawanbhatha, Police Station ~ Khamtarai, Tehsjl & District - Raipur (C.G.) Permanent R/o - VMIage - Muswadih, Police station - Kharora, District - Raipur (C.G.) (Driver of vehtele Truck bearing registratlon No. C.G. 04/J-0220) 2. Shrichand Prem Chanclani, S/o Shobhraj Prem Chandani, R/o ~ Near the Vidya Vigyan School, Ravigram, Telibandha, Raipur, District--Raipur (C.G.) (Owner of vehicle Truck bearing reglstration No. C.G. 04/J-0220) -r /f^-^ ,V '-.^lft,, ^ <^^> ^^ APPELLANT CLAIMANt RESPONDENTS NON-CLAIMANtS ^.. 3. The New India Insurance Company Limited through Divisional Manager, Divjsionai Office-2, RDA Builcling, Bajrang Market, Raipur, Tehsil & Disfrict Raipur(C.G.) (Insurer of vehicle Truck bearing registration No. C.G. 04/J-0220) : 4. Subhash Das, S/o Nepalchandra Das, aged about 60 years, R/a Mana Camp, Mana, Tehsil & District Raipur (C.G.) (Owner of vehicle Indtea Car bearing registratjon No. C.G. 04/ZD/3540) 5. The National Insurance Company Limited through DNsionat Manager, Divisional OfRce, Mobin Mahal, In front of Jila Shakari Bank, Beside of Lal Ganga Shopping Mall, G.E. Road, Raipur, Tehsil & Distrjct- Raipur (C.G.) (Insurer of vehicle Indica Car bearir^ registration No. C.G. 04^ZD-3540) 6. Rewati Ranjan Bhupal S/o late Surendra Kumar Bhupal. aged about 68 years, R/o 482, Rishi Bampkin, Avenue (North), Chandan Nagar, Bhadreshwar, Hugali 0/Vest Bengal) 7. Smt. Namite Bhupal W/o Rewati Ranjan Bhupal, aged about 53 years, Rfo 482, Rishi Bampkin, Avenue (North), Chandan Nagar. Bhadreshwar. Hugali (West Bengal) M.A.(Cl No. 528/2008 : Uttam Das S/o Subhash Chandra Das, ^QQd about 25 years. R/o - Mana Camp, New Market, Police Station — Mana Camp, Raipur, Tehsil & District - Raipur VERSUS 1. Udayram Verma, S/o Amirehand Vemfia. aged about 34 years, R/o - Near the Banjari Mandir, Rawanbhatha, Police Station - Khamtarai, Tehsil & District - Raipur (C.G.) Permanent R/o - Village - Muswadih, Police station - Kharora, Dlstrict - Raipur (C.G.) (Driver of vehicle Truck bearing rsgsstratio." No. C.G. 04/^0220) // /'.,"'- ''' ( ;'. X- N it[0 2. Shrichand Prem Chandani, S/o Shobhra] Prem Chandani, R/o ~ Near the Vidya Vigyan School, Ravigram, Telibandha, Raipur, District - Raipur (C.G.) (Owner of vehicle Truck bearing registration No. C.G. 04/J-0220) 3. The New India Insurance Company Limited through Divisional Manager, Divisional Office-2, RDA Building, Bajrang Market, Raipur, TehsH & District - Raipur (C.G.) (Insurer of vehide Truck bearing registration No. C.G. 04/J-0220) 4. Subhash Das, S/o Nepalchandra Das, aged about 60 years, R/o Mana Camp, Mana, Tehsil & DistrictRaipur (C.G.) (Owner of vehicle Indica Car bearing registration No. C.G. 04/ZD/3540) 5. The National Insurance Company Limited through DMsiona! Manager, Divisional Office, Mobin Mahal, In front of Jila Shakari Bank, Beside of Lal Ganga Shopping Mall, G.E. Road, Raipur, Tehsil & District - Raipur (C.G.) (Insurer of vehicle Indica Car bearing registration No. C.G. 04/ZD-3540) (APPEALS UNDER SECTION 173 OFTHE MQTOR VEHICLES ACT. 19S8) (DB: Hon'ble Mr. Raieev Gupta. CJ & Hon'ble Mr. N.K. Aaarwal. J.i Present: Shri S.8.Rajput, counsel for the appellante. Shri MK Bhaduri. counsel for respondent No.1 Shri Akhilesh Kumar, counsei on behalf of Shri Deepak Gupta, counsel for respondent No.3/The New India Insurance Company. Shri B.N.Nande, counsel for respondent No.S/The Nationai Insurance Company Limited. ORDER (Passedon |3.07.2011) Per N. K. Aarawal. J. 1. By this common award, MA(C) Nos. 526/08, 527/08 and 528/08 "are being disposed of as the common facts & issues are involved in all these appeals and are arise out of same accident. ~~T /-,.-^ /i ^ '\ A •^ -., .> >''y 4| 2. These appeals have b^n preferred by the claimante seeking enhancement in the amount of compensation awarded by the Vllth Addl. Motor Accident Claims Tribunal, Raipur (for short *the Tribunal') vide its award dated 31.12.2007 passed in claim case Nos. 02/07,04/07 and 38/07. 3. In MAC No. 526/08 (daim case No. 02/07), the Trtbunal has awarded total sum of Rs. 10,31,900/- as compensation for the death of deceased Sushant @ Manik Sarkar in motor accident dated 26.12.2005 against Rs. 21,50,000/- claimed by unfortunate wife,mjnor child and father of deceased by filing application under Section 166 ofthe MV Act. 4. In MAC No. 527/08 (claim case No. 04/07), the Tribunal has awarded total sum of Rs. 4,45,000/- as compensation for the death of deceased Rakesh @ Montu Bhupal against Rs. 14,25,000/- claimed by unfortunate wife and minor child of deceased. 5. In MAC No. 528/08 (claim case No. 38/07), the Tribunal has awarded total sum of Rs. 3.18.600/- as CT>mpensation for the injuries sustained by the appellant/Uttam Das against Rs. 10,50,000/- claimed by appeltant himsetf. 6. The Tribunal, on a clc^e scrutiny of the evidence led, material placed and submissions made by the parties, held : accldent heis occurred due to wrong parking of the driver of offending Truck bearing registration No. CG-04-J-0220 ; Driver/Owner and Insurer of the offending Truck are Mable for payment of compensation to the claimants; assessed the compensation and awarded Rs. ,10,31,900/- in MA(C) No. 526/08, Rs. 4,45,000/- in MA(C) No. ^ , ^ /"f t^ 6 527/08 and Rs. 3,18,600/- in MA(C) No. 528/08 in favour of claimants. 7. Shri SS Rajput, learned counsel appearing for the appelSants would submit : the appellants/claimants are satisfied with the amount of compensation awarded by the Tribunal and their only grievance is regarding the fact that the Tribunal has not made clear the position whether the amount of interest is payable from the date of application or from the date of award, and in that view ofthe matter, the insurance company is not depositing the amount calculating the interest on the amount of award from the date of application, and therefore a clear direction be given to the concemed Tribunal for payment of compensation along with interest from the date of application till its actual payment. 8. On the other hand, Shri Akhilesh Kumar, Advocate on behalf of Shri DeepakGupta, Counsel for respondent No. 3fThe New India Insurance Company Limited and Shri BN Nande, Counsel for respondent No. 5/The National Insurance Company Limited would submit: the amount of award, as awarded by the Tribunal in all the claim cases are shockingly on higher side, despite above, the amount of compensation has already been deposited by the insurance company along with interest. The appeals being devoid of substance are liable to the dismissed. 9. We have heard the learned counsel appearing for the parties and perused the award impugned. 10. A bare perusal of award impugned would reveal that while " awarding interest on the amount of compensation awarded, the Tribunal did not mention the date from which the amount of y ^ A/ interest is made payable. Counsel fpr both the parties are also not in a position to demonstrate from which date th©respondent/ insurance company has calculated interest upon Uie amount of award while depositing the same before the concemed Tribunal. 11. Looking to every aspecte of the matter, we deem it fit to remand the above cases to the concemed Tribunal for the purpose of specifying the date from which the interest has been made payable upon the amount of award awarded by it. 12. For the reasons mentioned hereinabove, appeals are allowed in part. All the claim cases are remitted back to the concemed Tribunal only for the purpose of specifyjng the date from which the interest has been awarded. Rest of the conditions mentioned in the award shall remain intact. No order as to costs. 13. Records of all the claim cases be sent back forthwith to the concerned Tribunal. 14. Parties are directed to remain present before the Tribuna! on 19.09.2011. Sd/- Chief Justice Sd/- N. K. Agarwal Judge Sahu