APPELLANT ^ ^.^' IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C)No.- ^) '^12009 THE ORIENTAL INSURANCE COMPANY LIMITED, THROUGH DIVISIONAL MANAGER, DIVISIONAL OFFICE, MADINA BUILDING, JAIL ROAD, KUTCHERY CHOWK, RAIPUR (C.G.) Vrs. RESPONDENTS/CLAIMANTS :- yl. KRISHNA KUMAR YADAV AGE 42 YRS. S/0 SHRI KHEDURAM YADAV, 2. SMT. DEVANTIN YADAV AGE 40 YRS. W/0 KRISHNA KUMARYADAV BOTH RESIDENT OF GOVERDHAN CiHOWK, DOCTOR RAJENDRA NAGAR, RAIPUR, THANA - CIVIL LINE, DISTRICT - RAIPUR (G.G.) RESPONDENTS/NON-APPLICANTS 3. SUNIL @ VIKRAM SINGH AGE 27 YRS. S/0 RAMAKANT SINGH RAJPOOT, RESIDENT OF CHAIHMA, THANA PALI, TAH.- KATGHORA, DISTRICT - KORBA ^4. BRAJESH DUBEY AGE 31 YRS. S/0 SHRI MANILAL DUBEY, RESIDENT OF RAMAN MANDIR WARD, FAFADIH, THANA GANJ, RAIPUR APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT 1988 HIGH COURT OF CHHATTISGARH. BILASPUR DB: HON*BLE LM. QUDDUSI 85 HON'BLE PRA8HANT Kr. MI8HRA, JJ M. A. (Cl. No. 593 OF 2009 APPBARANCE: Mr. Sudhir Agrawal, counsel for fhe appeUaat. ORDER(ORAL1 (17.01.2011) Per LM. QUDDUSI, J Heard. 2. This appeal has been filed by the Insurance Coinpaay agaiast impugned award dated 31.01.2009 passed by fhe XII Additional Motor Accident Claims Tribuiial (F.T.C), Raipur (C.G) in Claim Case No. 169/2009 whereby the entire UabiMty to pay conipensatlon to the tune of Rs.4,15,000/- has been fastened on tlie iasurance coinpaay. 3. Brief facts of ftie case as per the version offhe claunaats are that in the ir^ht of 01.02.2007 at about 11.20, deceased Surul Yadav was traveling ia Bolero vehicle bearmg Reg.No. C.G. 07-1492 froBi Dhamtari to Raipur. Ou fhe way xiear viUage Nunora Tu'aha, one Bus beariag Regn.No.C.G.04-- E/0582 whichwas bemg driven by respondent no,3 ia a rash aad negUgent raanner dashed fhe Bolero Jeep, as a result of which, Suiul Yadav has sustauied grievous uijuries APPELLANT The Oriental Insuraace Corapaay Ltd Vs. RBSPONDBNTS Knshna Kuniar Yadav and otiiers APPEAL UNDER SECTION 173 OF THB MOTOR VBHICLBS ACT, 1988 ^ and he died on fhe spot. The deceased was young aad energetic boy of 20 years old. He was workiag as Mechaaic in Maruti Workshop, Devendra Nagar, Raipur and was earaiag Rs.7000/- per nionfh. The parents being legal reprcsentatives of fhe deceased have inade a claun to fhe tune ofRs.27,50,000/- onvarious heads. 4. The Clainis Tribunal held that fhe offendiag Bus was iavolved ia fhe accident when it was bemg dnven by its driver i.e., respondent no.3 ui a rash aiid negUgent niaaner, as a result of which, deceased has sustain.ed itijuries aad died ia fhe said accident. It has further held tih.at it is not proved fhat at the time of accident fhe offendiug Bzis has breached the conditions ofthe Insuraace PoUcy. 5. Learaed counsel for fhe appeUant niauily raises fevo fold contention wifh regard to contodbutory negUgence of Bolero Jeep and the quaatum fibced by flie Tribunal. 6. We have penised the lower court records aad it is estabUshed that fhe driver of fhe offendiag Bus bearmg Regn. No.C.G.04-E/0582 had goue to wrong side aad committed accident. Hence it caanot be said that fhe driver of fhe offendiag bus was not driving ia a rash aad negligent inanuer aad fhere was aay fault of tlie deceased who was goiag on left side that is proper side. Had th.e driver of the offendiag bus has not gotie to wrong side, fhere would have been no question of aiiy accident. Therefore, fhe coutention regardiag contributory uegligence is rejected. 7. With regard to fhe quaatum, we have considered fhat fhe deceased was bachelor aad a young boy of aged about 20 years. It is weU settled that the parents beiag clamiants, fhe age of parents is to be considercd. The ages of his parents are 42 aad 40, fhe average ofwhich conies to 41 years and fhey faU withia the age group of 41 to 45. Therefore, accordmg to fhe multipUer scale given m Sarla Vernw. (Smt.) -vs' Delhi Transport Carporatlan and anether (Para 40) reported ia (2009) SCC 121, multipMer 14 should have been niade appUcable, but the Tribunal has adopted m.111tiplier 10 only which is again.st the said decision. The inonthly iaconie has been assessed at the rate fixed for unskllled labour. The deceased was unskiUed raotor niechanic aad was working ui Am-aa Maniti Repahing Workshop. The claimants examiaed tlie owner of fhe workshop naoiely Gurudeep Sin.gh as A.W.3 who stated fhat he was paying Rs.7000/- per montih. to fhe deceased and he has issued a salary certificate to fhat efiect vide Ex. P-7. This witaess was a tax payer. He has further stated that aaofher boy namely Rajesh is also being paid Rs.7000/- per icionfhi, Ofher workers are beuig paid Rs.3000/- each per inonfh aiid aaofher worker nainely Paana is gettiiig Rs.4000/- aad tlie other niechaaic Shaau is gettmg Rs,2800/ per raonth, The ofher two persons who were assigned servicework are also being paid Rs.1800/- each per monfh. He has stated fhat the deceased was haadUng fhe whole garage activities aiid as such he was betag paid Rs.7000/- per month. -•^ ^ 1\^: Therefore, fhe Tribunal has ti'eated fhe monthly iiicoDie as Rs.7000/-. Siace fhe deceased was bachelor, if we deduct 50% towai'ds personal expenses, fhe loss of dependency coines to Rs.3,500/- per niontli aad Rs.42,000/- per annum (Rs,3500 x 12) aad after applyiag niultipUer 14, fhe total loss of iiicoiae conies to Rs.5,88,000/-. Besides this fhe clataiao.ts are also entitied to Rs.5000/- for funeral expenses, Rs.10,000/- each for loss of love and affection (Total Rs.20000/-) and Rs.5000/- for loss ofestate which ia all would coine to Rs.35,000/- under the otlier heads. If we add this amount, the total compensation would come to Rs.6,23,000/- (Rs.5,88,000 + Rs*35,000) which tlie claiuiaiits are entitled to receive froin fhe appeUaiit. However, fhe Tribunal has graated a total corapensation of Rs.4,15,000/- which caanot be said to be excessive. Therefore, fhe contention regarding quaatum also fails. 8. In view what has been discussed above, there is no force ia fhis appeal. The appeal fails aad is dismissed at the adinission stage itself No order as to costs. Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge Rao