BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR Miscellaneous Appeal fC) No. f6\S of 2007. fMiscellaneous Apoeal under section 173 of the Motor Vehicle Act. 19881 APPELLANT: (insurer) .^: ^' //s0 \ L<S)' AA RESPONDENTS: 1. Slaimant's) i-^s^ [..^•'"^C^^ -.. •••"; i^l [Drhrer) 3. The New India Assurance Company Limited, Through Divisional Manager, The New India Assurance Company Limited, Second Floor, Rama Trade Center, Bus Stand Road, Bilaspur, (Chhattisgarh). VERSUS Zahir Khan S/o Azij Khan, aged about 58 years, Cast- Muslim R/o Pongari, P.s. Kashabela, DistrictJashpur (Chhattisgarh) Smt. Khuteja Khatun W/o Zahir Khan , aged about 50 years, Cast- Muslim R/o Pongari, P.S. Kashabela, District Jashpur (Chhattisgarh) Rampati Yadav S/o Shri Manbahal Yadav, Age Unknown, Cast- Aher R/o Bagecha P.S. &Tahsil - Bagecha , Distt. Jashpur (Chhattisgarh) (Owner) 4. Stephan Khalkho S/o Late 3hon Khalkho ^ Age unknown, R/o Lodhama, Post Lodhama, Tahsil- Kunkure, Distt. jashpur (Chhattisgarh) Claim in Appeal Valued at Rs. 650000/- •Vt^s tyi'vetsVEa. •isfSWt fS' »»•< 01 «ll (*t SS ^l :^^.^'i' ^^^_n/^/rV^^\rf^J-^a^W?^ ^^^^.^^^k^.^aA^Tii^^T.^'lW.A^&^^ ffli iSil HIGHCOURTOF CHHATTISGARH : BILASPUR M. A.fC) No. 1015 of 2007 Appellant The New India Assurance Company Liniited Versus Respondents Zahir Khan (since deceased, through L.Rs) and others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi 8s Hon'ble Shri Justice N. K. Agarwal, JJ Shri Sourabh Sharma, Advocate for the appellant. Shri Sanjay Agarwal, Advocate for the respondents No. 1 A to 1 D. None for the respondents No. 3 and 4. ORDER (Oral) ( Passed on this 6th day of October, 2010 ) Per I. M. Quddusi, J. This appeal, filed by the Insurance Company, arises frQm the award dated 30.4.2007, passed by the Additional Motor Accident Claims Tribunal, Jashpur in Claim Case No. 41/2005, awarding total compensation ofRs. 6,50,000/- to the claimants. The brief facts, in nutshell, are that on 29.9.2005 at about 5.20 p.m. in the evening, Annaullah Khan and Kadir Khan were going on a motorcycle from Kansabel to Jashpur Pongro. At that time the vehicle - Bus, bearing registration No. C.G. 14-A/0989, which was being driven by the non-applicant No.l in a rash and negligent manner, hit the motorcycle, as a result of which both the persons feel on the road and tyres of the bus ran over them. In that accident Annaullah Khan and Kadir Khan received grievoys injuries and died on the spot. h 7. The claimants, being parents of deceased Kadir Khan had filed a claim case for award of total compensation of Rs. 26,10,000/- under various heads. Learned Tribunal having regard to the facts situation and the evidence on record, assessed the monthly income of the deceased as Rs. 5000/-, thereby the yearly income as Rs. 60,000/- was assessed. The Tribunal, taking into consideration the age of the deceased as 18 years, applied multiplier of 16 and after deducting l/3rd of the income of the deceased, it has been held that the claimants are entitled to a compensation of Rs. 6,40,000/- towards loss of dependency. In addition to that Rs. 2000/- were granted towards funeral expenses and Rs. 8,000/- were granted towards loss of love and affection. Thus, a total compensation of Rs. 6,50.000/- was awarded along with 6% interest from the date of the application i.e. 16.4.2005. We have heard leamed counsel appearing for the parties and perused the lower Court record. Having regard to the age of the claimants - parents as 58 and 50 years, respectively, as well as the decision of Hon'ble Apex Court in Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation and another (2009) SCC 121, we are of the opinion that multiplier of 11 would be applicable in the case on hand. There is no dispute about the income of the deceased, which was assessed by the Tribunal as Rs. 5000/- p.m. However, looking to the age of the deceased as 18 years and the fact that he was unmarried, we are of the opinion that instead of l/3rd, the standard deduction should have been 50% of the income of the deceased. Therefore, we assess the loss of dependency as 8. @) Rs. 30,000/- per annum (Rs. 2500/- p.m. x 12 = 30,000/- p.a.j. Thus, applying the multiplier of 11, the corapensation is assessed as Rs. 3,30,000/-. Further, the claimants are entitled to Rs. 15,000/- each i.e. Total Rs. 30,000/-, towards loss oflove and affection as the deceased, who was the son of the claimants was aged about 18 years. We also award Rs. 15,000/- for loss ofestate and Rs. 5000/- for funeral expenses. Thus, the claimants are entitled to a total compensation ofRs. 3,80,000/- ( Rs. 3,30,000 + 30,000 + 15,000 + 5000 = 3,80,000/-). We modify the impugned award accordingly. Rest of the terms and conditionsof the award passed by the M.A.C.T. shall reraain intact. In view of the foregoing, the appeal is allowed in part. The impugned award dated 30.4.2007 is modified to the above extent. No order as to costs. I.M.Quddusi Judge Sd/- N.K. Agarwal Judge Thakur