^ HIGH COURT OF CMHATTISGARH AT BiLASPUR Claimante %• ..te. Singte Bench : Hpn'bie Shri Diljp Raosaheb Deshmukh, J. Misceilaneous Appeal ( C ) No.1052 of 2007 1. Smt. UrmilaTiwari, W/o Late Gajendra Prasad, Aged about 31 years. 2. Harish Tiwari S/o Late Gajendra Prasad Aged about 6 years 3. Niraj Tiwari . S/Q L.ats Gajendra Prasad Aged about 4 years 4. Smt. Rukhmani Tiwari W/o LaSe Dwarika Prasad, Aged about 65 years, All Resident of VHIage Jogi Gufa P.0. Litia, P.S. Bori, Tehsi! Damdha, DistrictDurg (C.G.) versus (Non-applicants) '^ Moolchand S/o ftamji Kewat, Aged about Not Known R/o Village & P.S. Poolgaon, Tehsil and DistrlctDurg (C.G.5 Baljeet Singh S/o Kuiwant Singh Aged about Not Known R/o Village Saitrabadi, Durg, R.S. Mohan Nagar, Tehsil & District Durg (C.G.) The New India Assurance Co. Ltd., Divi.sion OfRc.e, Thakkar Chamber, In front of^Project Automobiie, G.E. Road, Power House, Bhi!ai, District Durg (C.G.) Memorandum of appeal under Section 173 of the Motor Vehicies Act. •2-. Present : Shri Ashok Dixitwith Shri H.P. Agrawal, cQUnsei for the appel!ants. , . , . Shri N. K. Agrawa!, Senior Advocate with Shri Deepak Gupta, counsel for the respondent No.S/insurance Gpmpany. Shri K.L.Daswani, Divisipnal Manager,New!ndia Assurance Company Llmited is alsopresent in person. (Pass&d on 14'" September, 2007) Heard. (2) Being aggrieved bythe impugned awarddated 02-05-2007 passed by the 9 Additional Motor Accidents Claims Tribuhal, F.T.C,, Durg. (henceforth 'the MACT') in Ciaim Case No.52/2006, whereby a sum Qf Rs.3,72,300/- has been aw/arded. as compensation in a death case, the appel!an<?c!aimant*haa&preferredth'ss appea! for enhancement of the cofflpensation. . (3) Brieffacts arethat one GajendraPrasad died as a resuitoT motor vehicle accident which occurred on 26-05-2CK)6. The MACT assessed the daiiy income of the deceased at Rs.100/- and teking working days per month at 26 assessed ipss of monthiy dependency at Rs.2,600/- and awarded Gompensation of Rs.3,72,300/- undsrthe foilowing heads:- S.No. Particulars 1. . Towards loss ofdependency 2. Towards Loss ofconsortium 3. Towards Loss of Estate . 4. Towards Loss oflove and affection (Cumulative). ,"• . Amount Rs. 3,32,800/- Rs. 5,0001- Rs. 2,500/- Rs. 30,000/- 5. , Towards Fynera! Expenses Rs. 2,000/- '».' tN|l:itBa (4) The only point urged by iearnedcounsel for the appellantiin this appeal is that after taking daily income of the deceased at Rs.1 OO/-, the MACToughtfohaveassessed his monthly incpme at Rs.3,000/-instead of Rs.2,600/-. No other pointwas urged, € (5) On the other hand, Shri N. K. Agrawal, Senior Advocate for the respondent No.3/insurance Company argued in support of the impugned award. • , , • '' : 1: • . (6) Having considered the rivalsubmissions, I have perused the record. The deceased was working as a Accountant in Brick Clan. 1n this view of the matter, once his daiiy income was assessed at Rs^100/-, the MACT oughtto haveassessed lossofmohthlydependencyatRs.3,000/- and not at Rs.2600/-. In this visw of the matter, taking monthiy income of the deGeased atRs.3,000/- and deducting one thirdtherefrom towards personal expenses and appiying multiplier of 16, !oss of depehdency is assessed at Rs.3,84,000/-(2000x12x16) instead of Rs.3,32,800/-. The amount awarded by the MACT under the conventionat heads has not been assailed. Therefore, tota! compensation payable is assessed at Rs.4,23,500/- (Rs.3,84,OOQ/-+2,500+5,OCX)+30,000+2,000). . ~ (7) In the resuit, the appea! isailowed. The compensation awarded by the MACT i.e., Rs.3,72,300/- is enhanced to Rs.4,23,500/-. After adjusting th®amount ofcompensatipn already deppsited by the insurance Company bef6re the MACT, the remaining amount bf comperisation shal! b6 depositedwiththeM.A.C.T.withintw6monthsfromtoday,fai!ingwhich,the iriSurance company shali also be liable t6 pay interest at the rate of 8.5% perannumfromthedateofappljcatiohtilkfealis^tiononthesaidamount. (8) A copy of is order along with reeord be sent tol th^ fbrthwifh. Ths M.A.C.T. shall qn deposifof comBensatipn ensure: (Kj 'that theclaimanVappellantsare.naUcey^BotifeltKlglgaj^jl^^ :to;appear';befoi!e=t8^;M|8KtyBgiBBSBfiBBI§ ffBIBIBWM9iJ '"9SSSSSSSSiSSSiSHSSS9S99S^3SS^^S L book pf ah acgQMJtgj; ^S^sSSsaSs^--^^^^^Ss£SiS!Ei»&: ^ (B) thatthe pass books of the claimants are accompanied by the photograph and are dulyverified bythe bank and the same is aiso verified bythe M.A.C.T. before issuance ofcheque, (C) that a direction is issued to the concerned bank not to reiease the amount in favou'r of any person, other than the ciaimants uniessordered bythe M.A.C.T. Sd/- DUip Raosaheb Deshmukh Judge Sss^^^^^^^^^^^^M&ssM&Ms.i^st^^i^^i^^^