BEFORE THE HON'BLE HIGH COURT OF CHHATTJSGARhLAT BILASPUR MISC. APPEAL fClJMo^ /2009 APPELLANTS /: NON-APPLICANTS 1- ^ <-1^ ^"^ ..^ i4^ w-"^ ^•'^ -A" ^.x' A »^' ^'.^' x <^J>-' RESPONDENTS: 2- IU"e"[";n D-t»..i »Eosu;ii aancfi Parvej Khan S/o Abdul Karim Khan Aged about 28 Years, R/o Lalpur, Sanjay Nagar, Fingeshwar. Post & Thana Fingeshwar, Tahsil Rajim, District Raipur (C.G.) ( Driver of Three wheeler Auto bearing Registration No. C.G. 04 J.B./1246) Abdul Karim Khan, S/0 Mohd. Asraf Khan, R/o Lalpur, Sanjay Nagar, Fingeshwar. Post & Thana Fingeshwar, Tahsil Rajim, District Raipur (C.G.) ( Owner of Three wheeler Auto bearing Registration No. C.G. 04 J.B./1246) VERSUS 1- 1. SomnathDhruv S/o Vishal Dhruv , Aged about 45 years, fi_2. Smt. Santoshi Dhruv, '' W/0 Somnath Dhruv Aged about 40 years Both Respondent No. 1 & 2 are R/o Village Sadkada, Thana Rajim, District Raipur (C.G.) (Claimants / Parent ) 3. Bajaj Allainze General Insurance Company Limited Through : Branch Manager Branch Office, Shiv Mohan Bhawan, Vidhan Sabha Road, Pandri Tahsil and District Raipur (C.G.) ( Insurer of Three bearing Registration J.B./1246) wheeler Auto No. C.G. 04 -^Sf(V APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT. 1988 1 S i ^i^^^.--^ ^ sl%i *°"" '•^ ^£3;:'i^ v HIGH <X)URT oy c^aATN8Q< H AT BUASPUR M.A. (C) N0. 1223 OF 2009 Pcuvej Khaii aiid aiiotllier APPBIAANTO/ NON-AEPUCASTS RESPONDEanre Versus SouuKdfa Dhnw and others. APPEAL VSBXESI. SBCnON 173 OF THB MOTOIt VEHICLBS ACT. 1988 D.B.:Hon'bIe Shri I.M. QudduddB Hon'ble Shri G. Minhdaddta. AJ. Present: Stui Satyendra. Sahu, counsd for (he appeBants. Shrl M.K. Bhadiyi, counsel forrespoadects No.l&2. Sliri Sacliin Siagh Rajput, couasel for respondeat No.3. ORALQKDBa (Passed oa 021>d day ofSaptember, 20111 This appeal has been filed by the appetents (Drtyer Ss Owner) against the unpugned award dated 30-06-2609 passed by the Seveath Addltlonal Motor Accldent Clalms Tribunal, Raipur (for short fhe Clatms Trlbuaal') m Cldm Case No.62/2Q08, in so far as It relates to qufflituni part oiily. 2. Brief facts of the case accox-ding to appeUante ace fhat on 16-08-2008 at 10-00 SLm., deceased Manoj Kiuuar was returning fl-om Village Sukhru Pall to his vittage Sadkada on his motorcyde bearlng reglstration No. C.O. 04-CQ/0193. At the same time, near village Pahadseonl, one fhree wheeler (Auto) bearlag reg^stratioo No. C.O. 04- JB/1246 wUch was coming flnm oppoaite side, in a rasli and negligent manner dashed Manoj Kiina.ar as a restiltof which he sustsdned grlevous tajuTies. He was admltted to Government Hospital, Pu^eshwar fixim where he was v referred to Ralpur for treatment and he dled on tfae way. Report of the iacldeat was g^vea in the PoUce Statlon, Chliura, Distrlct Ralpur. 3. The clalmants belng legal heirs of the deceased bave filed a petitlon under Sectlon 166 offlie Motor Vehides Act (for short the Acf) before fhe Claims Tribuual clamtog a total compensatton ofRs.12,25,000/- for the deerth of the deceased. 4. Leamed Clalms Tribunal oa a close scrutiny of evidence led, material placed and submisslons jaaade by the parties, has awarded a sum of Rs.3,26,300/- aloiig with hiterest @ 6% per aiumm fl?om the date of appHcatfon tiU tt 1s payment. * 0. We have faeacd learued counsel far the parties and perused fhe records of fhe Claims Tribiinal as well as flie impugned award. 6. The deceased was a bachelor. The Cteims Tribiuial has deducted oiify l/3rd towards personal expenses from his mcome. It is a weU setUed law lald down by Honlale Uie Apex Com-t ui (lie uase of Scurte IRwTna ^iSnit^ a»a( otfcws -«s-Dethi TrarMgport CorpwxitttWi <»Mlcuiotfari; reported in (2009) 6 SCC 121 that when the clalm has been filed by the Glaimants where ttie deceased was bachelor % (hall) of the income shall be deducted for personal and Uving expenses and the avef^e age of fhe parents wUl be considered for applylag the multipMer. In this case, the annual income of tfae deceasol assessed ty the CTaims Trlbunal was Rs. 36,000/- and t3be age of fhe parents was 45 and 40 ye&rs that is to say fhat llie average age of fhe parents was 43 years. Therrfore, the muItlpUer of 14 woiild be applicable. Hence, we award a total sum ofRs. 2,52,000/- (18,000 X 14) towanls toss of dependency. Besldes fhls, tfae claunants are enUtted to -N"'- -~^. 3r get Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards fiineral expenses. 'Ilius, flie total amount of compensation woiild come to Rs.2,67,000/-. On fhis amouiit, (he claimants wUl be entlfled to get slmple uiterest @ 6% per auTium from fhe date of claiia petltlon tUl its payment to fhe clalmants. 7. Out of the above amount, Rs. 2,00,000/- shall be deposlted in a fixed deposit in a natiouallzed taiik for a period of Hve years In (he joint xiame of ttie elaimants. Rest of fhe amount shaU be dlsbureed In c-ash to (he clalmaiits ui equal proportlon. 8. The impugiied award 1s modtQed to (he above exteat. 9. The amount which has already been deposlted shall be adjusted towards fhe amount ofcompensation. 10. In the result, flie appeal 1s aUowed in pcut. NQ oixier as to costs. ^——i Sd/- I.M.Quddussl Judge Sdl- G.Minhajjudin Judge Xw i7—H