n^ 'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. (C) No.- f^0) /2010 APPELLANT sto' ?.s.ew ? 6' ^THE ORIENTAL INSURANCE COMPANY LIMITED, THROUGH BRANCH 1 Y,, .,.. MANAGER, ADARSH BAL VIDYA •^S^'^J^-- MANDIR, NEAR PANJABI GURUDWARA, sAX^ DHAMTARI, DISTRICT DHAMTARI (C.G.) Vrs, ES'! - ESPONDENTS/CLAIMANTS :- :-U SMT. ANUSUIA BAI AGE ABOUT 42 YEARS, W/0 RAMSWAROOP NAGWANSHI, CASTE GOND, RAMSWAROOF NAGWANSHI AGE ABOUT 47 YEARS, S/0 LATE KULIRAM NAGWANSHI, CASTE GOND BOTH RESIDENT- VILLAGE BOHARDIH, POST GURUR, THANA GURUR,TEHSIL GURUR, DISTRICT - DURG (C.G.) RESPONDENTS/NON-APPLICANTS fi / 3. NEERAJ KLMAR SAHU, S/0 SHRI CHUNNILAL SAHTJ, AGE ABOUT 27 YEARS, PRESENT ADDRESS THROUGH HOUSE OF PILURAM DEWOANGAN, NEAR DURGA MANDIR, TIKRAPARA DHAMTARI, DISTRICT - DHAMTARI (C.G.) (DRIVEROF THE TRUCK) JAGJEEVAN SINGH SIDDU, AGE 36 YEARS, S/0 GURUDEV SINGH, RESIDENT DAKBANGLA WARD, GAURA-GAURI TIRAHA, TIKRAPARA DHAMTARI, THANA KOTWALI, DISTRICT DHAMTARI (C.G.) (OWNER OF THE TRUCK) APPEAL UNDER SECTION 173 OF MOTOR VEmCLE ACT 1988 APPEALVALUED Rs. 3,OS,000/- (APPEALBYINSU11ANCE COMPANY) COMPENSATION CLAIMED BEFORE TRIBUNALRs. 5,52,000/- AWAKDED AMOUNT BY TRIBUNAL Rs. 3,05,000/- ..2.. HIGH COURT OF CHHATTISGARHAT BILASPUR M.A.(C) No. 1069/2010 APPELLANT The Oriental Insurance Company Limited Versus RESPONDENTS Smt. Anusuia Bai and ofhers DB:- HON'BLE SHRI I.M. QUDDUSI & HON'BLE SHRI N.K. AGARWAL. JJ PRESENT:- Shri Sudhir Agrawal, Advocate, for appellant. Shri C.R. Sahu, Advocate for fhe respondents No. 1 and 2. ORAL ORDER (15-12-2010) Per I.M. Quddusi, J. This appeal has been filed by the appellant/Insurance Company against the award dated 7-7-2010 passed by the Addl. Motor Accident Claims Tribunal (F.T.C.), Balod, Distt. Durg in Claim Case No.112/2009. Facts of the case in brief are that on 6-8-2009, Rustam Kumar Nagvanshi (since deceased) was going on his inotorcycle bearing registration CG-07-K-9226 from village Gurur to his house at Bohardih and his friend was sitting as pillion rider. In Gurur-Purur main road, a truck bearmg registration No. CG-05-A-2331 coming towards Purur being driven by respondent No. 3 in a rash and negligent manner dashed the motorcycle by going wrong side, as a result of which, Rustan Kumar Nagvanshi died on spot. The claimants being parents of the deceased preferred a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 5,52,OOO/- as compensation for the death of the deceased. ;; ;;\ '%>. ^€/ ^^/" Ktt Leamed Tribunal awarded Rs. 3,05,000/- to the claimants against the driver, the owner and the insurer jointly and severally. The appellant/Insurance Company has filed this appeal on two grounds, first contributory negligence and secondly that the application of multiplier 16 is wrong. With regard to contributory negligence, we have seen the record and found that the deceased was driving the motorcycle on left side but the truck bearing registration No. CG-05-A-2331 committed accident by going on wrong side resulting in death of the driver of the motorcycle. Therefore, in no way, it can be said to be a contributory negligence on the part of the deceased. Therefore, the contention of learned counsel for the appellant regarding confributory negligence fails. With regard to quantum, the claimants are parents of the deceased aged 42 and 47 years. Their average age comes to 44.5 years and thus according to decision of the Supreme Court in the case of Sarla Verma (Smt.l and others -v- Delhi Transport Corporation and another reported in (2009) 6 SCC 121, appropriate multiplier between the age of 40 to 45 years, would be 14. The Tribunal has wrongly applied the multiplier of 16. The Tribunal has rightly assessed the income of the deceased as Rs. 36,000/-. After making 50% dediuction towards personal living expenses froni the annual income, amount comes to Rs. 18,000/-. By applying the multipUer of 14, the amount would come to Rs. 2,52,000/- towards loss of dependency. The Tribunal has awarded Rs. 2,88,000/- towards loss of dependency which is, in our opinion, excessive. Towards other heads, the Tribunal has awarded Rs. 17,000/- in respect ofloss oflove and affection, loss of estate and funeral expenses, which are maintained. Thus the claimants are entitled to Rs. 2,69,000/- as amount of compensation along with interest at the rate of 6% per SiSWSSSSSWSSSS V^fSW'SSM • -t. ate^l^''B- f/ annuirt 'froffl t^ its recovery iil place of Rs. 3,05,000/--as award.ed by the Tiibunal. 7. The appeal is allowed in part. The claimants are entitled for Rs. 2,69,000/- as compensation with interest at fhe rate of 6% per annum from the date of application tUl its payment. 8. Rest of the conditions of the award shall remain intact. 9. No order as to costs. SA'- I.M.Quddusi Judge Sd/- N.K. Agarwal Judge ?/ ^••i.v' l^i' ffw'