‘ ‘ t ‘ D BJ HON’BLE Mr JUSTICE SUNIL KUMAR SINHA & HON’BLE Mr JUSTICE R N CHANDRAKAR HIGH COURT OF CHHATTISGARH AT BILASPUR .M.A. No.722l2004 APPELLANT Guru Bandhu, son of Late Bodhu, aged about 15 years, Minor Through his brother- natural guardian Sonadhar son of Late Bodhu, aged about 30 years, resident of Vitlage Basalt, P.S. Amra, District Navrangpur, Orissa Versus Ashok Tiwari, son of Shri Rajeshwar Prasad Tiwari, Adult, resident of Behind Jamal Mill, Kumharpara, Jagdalpur District Bastar 2 Smt. Meena Mishra, wife of Shri Rambhuwan Mishra, resident of Police Lines, Jagdalpur, District Bastar 3 The United lndia Insurance Co.Ltd. Branch Jagdalpur, District Bastar RESPONDENTS 1 MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Appearance : Mr. Santosh Bharat, Counsel for the appellant. Mr. Sanjay S. Agarwal, Counsel for respondent No.3. l l l l l The following orderN of the Court was passed by Suhil Kumar Sinha, J. The appellant/claimant unfortunate minor son of deceased- Budhu fled a claim petition under Section 166 of the ORAL ORDER (27.01.2011) ( 2 M.A. No.722l2004 i Motor Vhicles Act ciming . compensation of Rs.5,11,500/— for his ath in the otor accident on O1 60 he th y f the deceased as dashed by the offeng ep bea traon C 7-ZD-043 o account of rash and neghent d of the s vele by s de The deceased was aged bout 50 year The appellant contndd that the deceased as worng as a Carpenter and was earning R 100/-pe day and R 000/- per mont The Tna on a close scruy of the eence led before held that the decsed was earg R 1500/- pr month and Rs.,000/-per annum. By deducg 50% towards the personal exnses of the decease te dependency of the apllant wasorked o to R 000/- per annum By plg mulr of 0 o the s annual dependency of R 000/ the coensaon was work out to 00/- By ang a furter sum of R 1 00/- under other head the total amont of cmpensan was workd out to Rs.1 ,0 OOI The Tunal als awarded interest @ 9% per annum from th da of filg of the peon ll the date of ctual paymen Learned counsel for the appellant argued that the cme of the deceased has not been properly assessed by the ribal r rore nin s dy in h He prayed for sable enhancement the mount of mtio ki inc s 100l— pr da On the other han learned counsel for the insurance Cnpany opposed the argumts and supported the award pase b the Cls Ta We have heard learned counsel for the ars at leth and ve also used the records of the Clm C The apellan has exaned onadhar (A1 and Gendra Seta (AW-2) support of cl eon whereas, the respondents have not examined any witness in ee w ki s r s 3 h nbul— tin Vld It ea nin s e 1,8 tin pe d h pe m ut s 9 apyin tiplie 1 t aid s 9- mpti ed Rs 90 0. ddi h s 3 0 s u otio e 3 O- rib o e te in claim titi ti a t 1‘ ino Tun He argued that the deceased was a Carpente theef he must be earg R 100l— per a . te year 2003 uit in a copensan by tang the ome of the deceased a Rs e y ] e ia Je m 09 23 wn e biccle o w din Je n g registi No G 15 n g rwlng and hic it rivr s d oi se en sd y aim ribunl ptie ng ha per ai ase pt mi S W-) aj hi in his aim ptiti \ 3 M.A. No.722l2004 rebut‘l. It comes in the evidence of Sonadhar hat the , dec ed as working as a Carpenter an as earninu e s w d w g Rs.30 per month. The as also t pleading of the appe n in the claim petitin. The Tribunal has not relied on the aove evidence of Sonadhar (AW-1). The Tribun, on its own, s assessed the income of the eceased as Rs150l- per nth. We d not find any bis for such assessment made by th Clims Trbunal. The accident took place on 01 .09.2003 As esablished by the evidence of the appellant’ wiess, the decee was a Carpnter. Thus, the deceased was a skill a d .0 mo o as e a i . t s tn asd e ed labou. W are of th view th he deceased must be earning s.10/- per day by working as a Carpenter. Sce the work of the Cener would not be available for whole of the month n act of weekly off days and also the pssibility‘of availability of thwork for the remaining days, we hold that the deceased mt e gting work for at least 20 das. Thus, we hold the inc of the deased as s.2OOQ- per month and Rs.2000/— per annum. e, therefore, propose o re-comte the aount of compenin by holding that the deceased was earnin Rs.2,000/— per annum. By deducting 50 towards the peal expenses of the deceased from Rs.24,0,00/., the deency works out to Rs.1,000/— per annum. The decee was aged about 50 yrs. Looking to the age of the decesed, we also dee it appropriate to apply the multiplier of 10 B applying multilier of 1 to the annual dependency of Rs.12,00/—, the compensation works out to Rs.1,20,000/-. By addin a further sm of Rs,t0,000/- under ther permissible heads, te compensation works oUt to Rs.1 ,30,000/-. By adding fuithet sum of Rs.1000/— towards the repairs of the bicycle, whichi the Tribunal has also awarded, the total amount of compensation works out to Rs.1,31,000/-. The‘Tribunal has \ wawarded Rs.1,03,000/-. By deducting Rs.1,03,000/- ly—va 1 1 K < I \ ta t q0/- w he t at o b al r e e at t Rq in arpt o couh o ei us b et y ome ec R/ 4, iW t pu m :sato g 4 % rson pend 2 asd ea a m . y p 0 f0 g ? u o h ‘ 1 1 1 ippa o i ed amt f comensation fo the death of te deceased in the mor det 3 ft p t se in a et s p’la t h o me f e inte'stpwhich w quntify as Rs.3000/— in tis atter. erefore, the appellant is entitled to receive u o Rs.31,000/ s.28,00- as the enhanced amount of coenation + R‘s.3000/- as t amount f quantified interest on he enhanced amount), vvhic he shall receive from he lnsrae Company. {The United lndia Insurance Copany .‘LtdJrspondent ’z is granted 3 months time t deosit the said amount No.:: o p before e concerned Claims ribunal. The appeal is allowe to the extent inicated above The sall b no order as to ost(s). MA. No.722/2Oo4 E ‘ i 0/ e n c from RsJ ,31 ,00—, th differece comes to Rs.28,000l— whih ‘ the ellnt is entitled t receve as enhanc oun o p r h ot accin on 01 09.200. To avoid urher comiications and looking to he delay caud disposl of the claim pition as alo the claimant’s apl and hat te insurance Company alone cannt be blad or such delay, we deem it appropriate to quantify th re e a h m l Th a sm f §- (R0/ mps he o t h t dnc m e th T d d . er h e c