^: ^f/1 ^ <f"\ ^. ^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR: C.G. M.A.No. , Qf 2005 'j'^& r MISCELLANEOUS APPEAL UNDER SECTION 173, MOTOR VEHICLES ACT, 1988 n. . , OivNonBench ADDelIants (Non applicants 3&5): ^ l/)/United India Insurance Co. Ltd., ThroughSr. Divisional Manager, ^\v Gilander House Netaji Subhash Road, Calcutta, Through Sr. Divisional, United India Insurance Co.Ltd., Krishna Complex Kutchery, Chouk Raipur (Insurer ofvehicle no.WB-73/6909) 2) United India Insurance Co.Ltd., ^).^^ MK ^" ^ ^0"^ €-€. 'y ^y ^'%?^ Through DivisionalOffice^Krishna Complex, Kutchery Chouk, Raipur (C.G.) (Insurerofmotor-cycleno.MP-23 M-5110) ^ YS . , ' • Respondents: 1) Balwant Singh S/o Shri Veer Singh, ^" R/<a 31/2 B Roopnarayan NandalL.Mic^ Calcutta-25(West Bengal) (Owwner ofvehicle no.WB-73/6909) (Non-aDDlicant 1) % 4. $3^ '? ^ s 2) Ramji RaiS/o Shri Nandlal Ji Rai R/o House No.4 Nath Sen Street Calcutta-4, Present Address- Jyoti Road Lines Samavepalli Hawdha (Driver ofvehicle no,WB-73/6909) fNon-aDDUcant 2) 3) Shri Ravinder Kumar Dawani S/o Bharat Lal Dawani, Proprietor- Cosmos Collection Baijnathpara, R^ipur, District Raipur (C.G.) (Non-aDplicant 4) ^;^) Amoshpal S/o Shri Vanpal Isai, aged 25 years, •J^/Q Chhattisgarh Electricals Evam Rewaiding Telibandha, Raipur (C.G.) (Driver ofmotor-cycle no.MP-23 M-5110) p^^-^1 ~^^^. - _ _ (Non-aDDlicant 6) ^ '^/'^ ^) §^.ReenaRatreWd./oLateShriBirbalRatre7 ^^L^^' !y AgSa"a6^]iT22^ea>Fs, 5^^ fl,61MayankRatreS/o_ShriBirbalRatre, yj^ ^^ H^^o^^^^i&^^^-^^^^^^^^^^, ^,'7) Bhikhari Ram Ratre S^ Late Shri DeriiaramRa^e7:S3^ aged about 46 years, . ^] ^8) Maina Bai W/o B.hikhari Ratre,aged about 43 years, ?) Laxmi Prasad Ratre S/o Bhikhari Ram Ratre,aged about ^ 15 years,Through- father Shri Bhikhari Ram Ratre, 10) JSunil Kumar Ratre S/o Bhikhari Ram Ratre,aged about ^^ / r 11 years,Through- father Shri Bhikhari Ram Ratre, All R/o Satnamipara, Telibandha, District Raipur(C.G.) (Nos.5 tolOareaDDlicantsy ^ '% ® Claim in appeal foi^setting aside the award, valued at Rs.6,2CT,000/- Court Fee affixed at Rs.15/- (Note: 'Receipt9 regarding deposition of Rs.25,000/- is being filed herewith) ^^S^^^s^^ HIGH COURT OF CHHATTISGARH, BILASPUR APPELLANT: RESPONDENTS: DB; Hoa'ble I. M. QUDDUSI SB Hoii*ble G. MINHAJUDDIN, JJ M.A. No. 1260/2005 United India Insuraace Co. Ltd. Vs. Balwaat Sin.gh aad others MISC. APPEAL UNDERSECTION 173 OP THE MOTOR VEHICLES ACT.1988 Appearanoe: Mr, Sanjay S, Agrawal, counsel for the appellaiit Mr, Hai'sh Mahaat, on behalf of Mi\ Raghavendra Pradhan, counsel for respondent no.4. Mr. S.C. Vemxa, Counsel for respondents 5 to 10. PCTI.M.QUDDUSI,J» ORAL ORDBR (12.09.2011) This appeal has been filed by the Iiisuraiice Conipany agamst tlie impugned awai'd dated 30.03.2005 passed by fhe XII Additional Motor Accident Claixns Tribunal (F.T,C), Raipur (C,G) ia Claiia .C^se No.50/2004 challenguig tlie quaatum. part. only. The facts of tlie case as per fhe version of fhe claimaats are th.at on 30.03,2002 deceased Birbal Ratre along^vitli his friends was goiag on Raipur ~ Maiidir Hasaiid Road by driviag fh.e Eaotorcycle bearing Regn,No.M.P,-23-M/5110. At th.at tiine, Vehicle bearing Regn.No.W.B.73/ 6909 whichwas beiag driven by respondent no/2 ia a rash and negUgent inaaner dashed the laotorcycle, as a result ofwhich, Birbal Ratre died on fhe spot I .1 'K,.."^ '^^^^ ^ aad his friends also sustaiaed grievous mjuries. At the time of accident, fhe deceased was aged about 22 years. He was runniag a beetie shop in the name of Sonu Pan Palace and was also in possession of agricultural laads ia viUage Narbatia aad was eaming Rs.6000/- per month. The claimants being dependents/legal representatives have filed claiin petition u/s 166 of the Motor Vehicles Act, for the award of a total compensation ofRs, 10 lakhs on vadous heads. 3. The leaiTied Claims Tribunal havmg regardmg to the facts sitiiation has held that fhe offendmg vehicle was mvolved m tiie accident ia which deceased Birbal Ratre died on fhe spot aad fhe clauiian.ts are entitled to receive a total compensation of Rs.6,12,000/ - with iaterest @ 6% per anuum. 4. We have heard learaed counsel for the parties aad have also gone through fhe record, 5s The iaconie offhe deceased has been assessed by the Tribunal as Rs, 150/- per day without any basis. He was a beetie shop keeper aad fherefore, we take fhe inconie of fhe deceased as Rs.75/- per day aad 2250/- per monfh. After deducting l/3rd towards personal expenses, the loss of depeudency comes to •?- ?<- • Rs, 1500/- per Bionth aad Rs, 18000/- per annuin. Consideiiag fhe age of the deceased as 22 years, ftie multipMer 18 would be appHcable m view of fhe decisiou of the Supreme Court io. Sarla Versna (Smt^ -vs- Delhi Tremsport Corporcstion am2 another reported in (2009) 6SCC 121, Therefore, fhe total loss of dependency comes to Rs.3,24,000/- (18000 x 18). Besides fhis, the widow is entitled to get Rs.10,000/- towards loss of consortium; Rs,10,000/- for loss of estate and Rs.5000/- for funeral expenses which in all coxaes tq^ ^ 11^^^;^, ^ ^^^'-^'^ %^ N-?^"" 6. Rs.25,000/- over the other heads. After adding this amount, fhe total aaiount of compensation comes to Rs,3,49,000/- (324000 plus 25000) whieh the claimaats are entitled to receive from fhe appellant The Tribunal has awarded a total sum of Rs.6,20.000/-which seems to be on higher side, fherefore, the sam.e is Mable to be aad is hereby reduced to Rs.3,49,000/-. The said amount shaU also carry simple iaterest @ 6% per afinuni froni fhe date of filing of fhe claiai petition titl fhe paynient is niade, as graated by fhe learaed clamis Tribunal. Out of fhe said aaiount, claunaats Reena Ratre aiid her son Mayank are entitled to get Rs.1,50,000/- each which shall be kept io. a fixed deposit in any nationaUzed Baiik for a period of six years. Rs. 1,50,000/ - shaU be deposited m the joiat name of the parents of tiie deceased nainely Bhikad Ram Ratre and Maina Bai for a period of5 years and Rs. 15,000/- each shallbe paid to the brothers of the deceased namely Laxmi Prasad Ratre aad Szinjil Kumar Rati'e who were mitiors at fhe tixae of accident. Rest of the ainount shaU be paid to the widow of the deceased, In tlie result, tiie appeal is aUowed m part. The impugned award dated '30,03.2005 is inodtfied ui the above tenas, No order as to cost(s), —[r"~Sd/- I.M. Quddusi Judge Sd/- G. Minhajuddin Judge Rao