. ""•-^ '•wf' IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.1 MISCELLANEOUS APPEAL (C) N0i& O? 2009 APPELLANTS 1. Smt. Dashoda Bai, aged about 28 years, W/o late Pavan Kumar Nishad, 1. Ku. Bharti, aged about 12 years D/o late POavan Kumar Nishad, ^^" ...^%^""4. .-••"^^c ^ ^•••^.^\ .^- ~ ^ v.^es". ^'^•' X" •y»y Ku. Tulsi, aged about 10 years, D/o late Pavan Kumar Nishad, Ku. Mohni, aged about 8 years, D/o late Pavan Kumar Nishad, Vednarayan, aged about 6 years, S/o late Pavan Kumar Nishad, 6^ Ku. Amuna Nishad, aged about 4 years, D/o late Pavan Kumar Nishad, Appellant No. 2 to 6 are Minor, Through his Natural Guardian Mother Smt. Dashod Bai, W/o Late Pavan Kumar Nishad, All R/o Village Lakhna, at present R/o Devpuri, Police Station Tikrapara, District Raipur (C.G.) VERSUS NON-APPLICANTS: ^ 1, -f- ^^ Sanjay Kumar @ Firturam Satnami, S/o Santram Satnami, aged about 26 years, Occupation Driver, R/o Chata Road Navapara, Police Station Gobra Navapara, District Raipur (C.G.) Shabbar Mohammad, S/o Fakir Mohammad, aged about not known, Occuaption Driver R/o Raji,m, Police Station Rajim, District Raipur (C.G.) Branch Manager, Through, The New India Insurance Company Limited, R.D.A. Building, G.E. Road, Raipur, District Raipur (C.G.) Claimed before Tribunal Amount awarded by the learned Tribunal Claimed in this Memo ofAppeal Rs. 18,77,p00/- Rs. 2,12,000/- RS. 3,00,000/- Appellants have reassessed their claim on the basis of the income of the deceased and the multiplier which is to be applied. MISCELLANESOUS APPEAL UNDER SECTION 173 OF THE MQTOR VEHICLE ACT, 1988 ^. HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL (0 No.862 OF 2W3 APPELLANT RESPONDENTS Smt. Dashoda Bai and othere. Versus Sanjay Kumar @ Firturam and others. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLEACT. fSBT Hon-bie Mr.tUK. Aaarwal. JLll Present : Shri S.P. Sahu,Advocate for appetlants. None for respondent No. 1 & 2 though served; Shrl A.K. Athaley, Advocates for re^ondentNo. 3. ORALORDER (Passed on 5th day of November, 2009) 1. This is a claimants' appeal for enhancement of the compensation against the award dated 28-2-2009, passed by the llnd Motor Accident Claims Trlbunal, Raipur (for short the Tribunat) in Claim Case No.94/2008;? 2. The claimants, unfortunate widow and minor children of deceased Pavan Kumar Nishad, by filing a claim petition under Section 166 of the Motor Vehictes Act (for short 'Act,1988'), ctaimed Rs.18,77,000/- as compensatton for Ws death in the motor accident dated 9-5-2008. 3. The Tribunal, on a cl<»e scrutlny of evidence led by the parties and the material available on record, avwarded sum of Rs. 2,12,000/- as totalcompensation forthe death of Pavan Kumar Nishad in the said accldent along with interest @ 6 percent per annum from the date of application W its payment. A. Shri S.P. Sahu, learned counsel appearing for the ^petlants would submit that the accident took place 'in the year 2008 8. and in view of several pronouncements of DMsion Bench of this Court, the notional income of deceased ought to have been taken by the Tribunal at Rs. 36,(XX)/- per armum instead of Rs. 15,000/-, and prayed that the inrome of deceased may be recomputed accordingly. Per contra, A.K. Athaley, learned coun^l appearlng for the respondent No. 3/insurance company supported the avrard and submitted that in view of facts situatton of case, the amount awarded by the Tribunal isjust and reasonaMe. I have heard learned counsel appearing for the parities, perused the pleadings and documents and award impugned. The claimants pleaded in their claim petition that ttie deceasal used to earn Rs. 84.000/- per year, but faited to substarrtiate the same by adducing cogent and dinching evldence in thls regard, and therefore.the finding of the Tribunal that the claimants failed to prove the y^irty fricome of deceased atRs. 84,000/-, cannot be faulted with. However, as the accident occurred in the year 2(W and in view of several pronouncement of Division Bendi of this court and looking to increase in the cost of living and prtces index, and also taking into consideration the eftect of Section 163 A(3) of the Act, ^988, in the considered opinion of this court, the notional fncome would be Rs. 3000/- per month and Rs. 36000/- per annum in place of Rs. 15,(X30/- pa- annum, and therefore, the amount of compensation awardal by the Tribunal needs re-computation. By taking into consideration the notional income at Rs. 36.000/- perannum and after deducting 1/3rd of tt towards 9. personal expens^ of the deceased, the toss of dependency would be Rs. 24,000/- per annum. By applying muttiplter of 18, the amount of compensation towards lossof dependency would be Rs. 4,32,000/-, by adding Rs. 2,000/- towards funeralexpenses, Rs. 5,030/-towards lossof consortium to the widow and Rs. 25,OOQ/- towards love and affeetlon as awarded by the Tribunal, total amount of compensatlon would be Rs. 4,64,000/-. By reducing Rs. 2,12,000/- i.e. the amount already awarded by the Tribunal, Rs. 2,52,0007- would be the amount of compensation for which the claimants are entitled in actelition to the amaint already awarded by the Tribunat. tn the results, the appeat is allowed partly. The appetlants are entitted for a further sum of Rs. 2,52,000/- tn addttion to the amount of Rs. 2,12,000/- already awarded by the Tribunal along with interest @ 6% per annum from the date of application till its payment. The respondent No. 3/ insurance company is directed to pay the same wlthin a period of three months form today. No order as to costs. Sd/- N.K. Agrawal Judge Kamde