r IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL N0. 3f c^ OF 2006 NBUN^ Ct» 2, ^' SOUTH EASTERN COAL FIELDS LIMITED, THROUGH ITS GENERAL MANAGER (LEGAL) AND POWER OF ATTORNY HOLDER OF SOUTH EASTERN COAL FIELDS LIMITED, A GOVT.COMPANY, REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS HEAD OFFICE AT SEEPAT ROAD, BILASPUR (C.G.) SHIVBADAN SINGH, SON OF SHRI SHIVNATH SINGH YADAV, AGED 53 YEARS, R/0. SECTOR- C, RAJNAGAR, QUARTER N0. M/201, P.S. BIJURI, DISTT. ANUPPUR (M.P.) 3. CHIEF GENERAL MANAGER, / MINING DEPARTMENT, SECL, HEAD OFFICE, SEEPAT, BILASPUR (C.G.) 4. SENIOR STORE OFFICER, RIGIONAL STORE, SECL, HASDEO AREA, BIJURI, DISTRICT ANUPPUR (M.P.) APPELLANTS vs 1, LALITA DEVI WIDOW OF LATE ^ AWADESH KUMAR SINGH, AGED ABOUT 40 YEARS, R/0. HEMUNAGAR, BILASPUR (C.G.) $. PAMMI KUMARI, DAUGHTER OF LATE AWADE.SH KUMAR SINGH / ^.9; AGED ABOUT17 YEARS . SUNIL. SINGH SON OF LATE AWADESH KUMAR SINGH, AGED ABOUT 15 YEARS ^ ^: 4, VIJAY KUMAR, SON OF LATE 7V s^WADESH KUMAR SINGH, AGED ABOUT 21 YEARS RESPONDENTS N0. 2 AND 3-MINOR THROUGH MOTHER LALITA DEVI, WIDOW OF LATE AWADESH KUMAR SINGH, RESPONDENTS No. 2 to 4 R/0. NEW RAJNAGAR COLARY, DISTT. ANUPNAGAR RESPONDENTS w^' APPEAJ/ UNDER SECTION 173 OF MOTOR VEHICLES JL^^ v0 HIGH COURT OP CHHATTISGARH. BILASPUR DB: HON»BLBI.M. QUDDUSI & HON*BLE N.K. AGARWAL, JJ M^A (C» Np. 39 pf 2006 Vs. MISCELLANBOUS APPEAL UNDBR SECTION 173 OF THB MOTOR VBHICLES ACT, 1988 APPEARANCB: Dr. N.K. Shiikla, Sr.Advocate wifh Shri Jaaak Hidco, counsel for titie appeUaiits. Mr. Kedar Siagh and Mrs. John Loui, counsel for respondents. Per I.M. QUDDUSI. J. JUDGMENT (ORALt (lo.ii.aoio) 01. This appeal has been filed agaiast fhe impugned award dated 03.04.2006 passed by fhe 8th Motor Accidents Claims Tribunal (F.T.C) Bilaspur, ia Claim Case No.8/2006 whercby fhe learaed Tribunal has graiited a total coinpensation of Rs.7,95,996/- to fhe clalmaats after deducting Rs, 3,63,004/- which fhe claimaiits have ah-eady received under Workmen's Compensation Act. 02. Brief facts of fhe case as per the version of prosecution are that deceased Aw(ihesh Kuxaar Siagh was aa eniployee of Appellaats departinent. He was workiag as Tnp Maii. On 12.03.2004 while he was goiag to his duty, on the way, he was run over by a Water Sprmkler owned by respondent APPELLANTS Soufh Eastera Coal Fields Limited, Bilaspur aad ofhers RESPONDBNTS LaUta Devi and ofhers %I ^ uo.4 aad fh.e deceased died on fhe spot, At fhe tiine of mcident, he was aged about 42 years and was drawmg monthly wages of Rs.13,003/-. Respondents 1 to 3 beiag wife aad miaor chUdren who are dependents of fhe deceased have made claim to fhe tune ofRs.26,49,960/- on dtfferent heads. 03. The learaed claiois Tribunal on fhe basis ofnet salajy drawn from February 2003 to Jaauary 2004, assessed ttie aanual iacome of fhe deceased as Rs.1,11,398/-. After deductmg l/3rd towards personal expenses fhat is Rs.37,130/-, fhe annual dependency was assessed as Rs.74,268/-. The Tribunal has held that the deceased was in the age group of 40-45 years, fherefore/ multipUer 15 has been adopted followmg the 2nd schedule of ffaie Motor Vehicles Act, Thus, by miiltiplyiag fhie aanual dependency of Rs.74,268/- with fhe multipUer of 15, ftie total dependency was worked out as Rs. 11,14,020/ - which fhe claimants are entitled to receive as compensation. Besides fhis, the Tribunal has also graated Rs.5000/- for loss of consortium to fhe wife, Rs.5000/- for loss ofestate, Rs.5000/- for funeral expenses aad Rs.5000- 5000/- for loss of love and affection towards fhe children aad Rs.20,000/- has also been granted for loss of future prospects etc. Thus fhe Tribiinal has granted a total compensation of Rs. 11,59,000/ - to fhe claimaats. Siace the claimants have received Rs.3,63,004/- under Workmen's Compensation Act, fherefore, after adjusting the said amount, the Tribunal has held that tih.at claimants are entitied to receive Rs.7,95,996/- from the non appUcants. IN— 04. Leaaied counsel for the appeUants has pressed fhis appeal only on fhe question of quaatum. OS. The leamed Tribunal has calciilated the net iniconie of fhe deceased frora Februaiy 2003 to January 2004 aad future prospects of fhe deceased were also not considered, fherefore, tf we take the gross iacoiae for fhe nionfh of February, 2003 it coines to Rs.11,331/- per inonfh aad Rs,l,35,972/- per aanuin. FoUowiag fhe specification laid down by Hon'ble fhe Supreine Court ia Sarla Verma (Sint) aad ofhers -vs- DeUii Traiisport Corporation aad aaofher (2009) SCC 121, if we deduct l/4th towards personal expenses froin fhe annual iacoiae of Rs.1,35,972/-, fhe annual dependency would come to Rs. 1,01,979/-, Considermg the age of deceased fhat is about 42 years at fhe time ofaccident ifwe apply fhe xnultipUer of 14, fhe total dependency would coine to Rs.14,27,706/-. It is stated fhat compassionate appomtment was given to one of fhe family nieinbers who was bachelor and was getting a inonfhly salary of about Rs.8000/-. Therefore, tfwe deduct 50% for personal expenses, he would give Rs.4000/- per nionfh to his faauly and annually Rs.48,000/-. In lunip-suin, if we deduct Rs,3 lakhs froni the total dependency of Rs.14,27,706/-, fhen fhe amount of compensatlon will come to Rs. 11,27,706/-. However, fhe Tribuual has assessed the total dependency as Rs.11,14,020/- which is less fhaii our calculation aad it cannot be said to be excessive. Under tiie ofher heads also fhe Tnbunal has graated Rs.45,000/- as aforemLentioned, which in our opiaion cannot be said to be excessive. In aay case. considenng the fature prospects of ^ ~^). JJ 11iffSIBiSIIIB%8SS^%S%%li8iSiSS%BI ^ fhe deceased, it caanot be said fhat fhe aoiount awarded by fhe Tribunal is excessive. In view of fhe above, fhere is no force io. fhis appeal aad it is dismissed. 06. In view of fhe above discussion, fhe cross objections are rejected as one ofthe famUy members has got coinpassionate appom.tm.ent. Sd/- I.M.Quddusi Judge Sd/- N. K. Agarwal Judge Rao