IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR c-r^ ^ M.A. fCI N0. o^a /2008 APPELLANT Non-Applicant No. 3 ^:<>c:ca8A ^.^'•s^^ .^v^ ^ " ':;w:f"0^lT»^' RESPONDENTS ApDlicants The New India Assurance Company Pvt. Ltd. Through Divisional Manager, Division Office, Bilaspur (C.G.) VERSUS 1. Smt. Shabana Khatun Wd/o Late Mohammad Rahman, aged about 22 years. 2. Mohammad Mumtaj, S/o Mohmmad Ramjan, aged about 18 years. 3. Mohammad Aazad, S/o Mohammad Ramjan, aged about 16 years. 4. Mohammad Nazir, S/o Mohammad Ramjan, aged about 14 years. 5. Smt. Ishrat Khatun W/o Mohammad Ramjan, aged about 48 years. i- ^ ^ 6. Mohammad Ramjan, S/o. Mohammad Jaymuddin, aged about 50 years, Applicant no. 3 & 4 minor Through natural guardian mother Smt. Ishrat Khatun, W/o Mohammad Ramjan, aged about 48 years, All R/o Opp. State Bank, Sarkanda, Tahsil & Distt. Bilaspur (C.G.) 7. Malik Ram, S/o Budhram, R/o Through- Smt. Gopika Jaiswal, Bangalipara, Gali no. 4 Sarkanda, Tahsil & Distt. Bilaspur (c.g.) (Bus No. C.G. -10/A/ 6856 Driver) 8. Smt. Gopika Jaiswal W/0 Shri R.A. Jaiswal, R/0 Bangalipara Gali No. 4 Sarkanda, Tahsil & Distt. Bilaspur (C.G.) (Owner ofthe Bus) MISCELLANEOUS APPEALUNDER SECTION 173 OF MOTOR VEHICLE ACT .HIGH COURT OF CHHATTISGARH : BILASPUR M. A. fQ No. 1080 of2008 AppeUaat The New India Assuraace Coiapaay Ltd. Versus Respondents Srat. Shabmia Khatun 3o ofhers APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 DB: Hon'ble Shri I. M. Quddusi & HonT^le ShriJustice N. K. Agarwal, JJ Shri A. K. Athaley, Advocate for fhe appeUaat Shri Gautaia Khetrapal aiid Shri Rakesh Sahiiy Advocates for tiie respondent No. 1 to 6. None for tlie respondents No. 7 aiid 8. ORDER (Orall ( Passed on this 9th day of September, 2010 ) Per !• M. Quddusi, J. ^ Heard. This appeal arises froin fhe award dated 3rd July, 2008, passed by Uie First Additional Motor Accident Claiins Tribunal, BUaspur ia Claim Case No. 297/2007. The iiidisputable brieffacts, ia nutsheU, are tiiat on 25,7.2007 at about 11.00 a.ai. deceased Mohd. Rahinaa was going on the Jeep, beaiing registratioa No. C.G.10/ZD-5416, on fhe Takhatpur - MungeU Road m order to coUect tyres from fhe shops for the work of punctui'e, vulcaniziiig aad reixiolding. At fhat tmie the Bus, beariiig registration No. C.G.10/A-6856, beiag driyen ia a rash aiid negUgeut manner by the respondent No.7 (MaUk Rani) 111 a high speed, hit the jeep, causuig accident As a result of fhe accident Mohd. Rahmaii died on the spot. The inatter was reported to ftie poUce station Takhatpur, where the offence was registered at Ciime No. 181/2007. The respoudents No. 1 to 6/claiman.ts, bemg legal hen' of fhe deceased Mohd. Rah.man, iiled a claun case for award of a total compensation of Rs. 15,60,OOO/- uuder various heads, on fhe submission that fhe decease was in the profession of puncture, vulcaniziag agid reuioldiag. He was doiag tihis work at his shop ^:^^^^ ^^ •^^y 8. near Seepat Chowk, Sarkanda Peta:ol Puiap, Bilaspur aad he was earamg Rs. 500/- per day, Thus, tlie deceased was gettiag about Rs. 10,000 to 15,000 per monfbL froia flie said profession. The respondent No.l (Siat. Shabaaa Khatan) is wife, No.2 (Mohd. Muintaj), No.3 (Mohd. Azad) aad No.4 (Mohd. Nazir) ai'e younger brofhers, No.5 (Siat Ishrat Khatun) is raoflier aiid No.6 (Mohnd. Ramjaii) is father of fhe deceased. Leanied Tribunal takuig itito consideration fhe nionfhly iacoine of the deceased as Rs, 4500/-, thereby calculating Rs. 54,000/- as yearly iacoine, has appUed fhe multipUer of 17 after deducthig l/3rd of the uiconie aad thereby come to tlie conclusion tliat tlie clamiaiits are entiUed for loss of dependeucy of Rs, 6,12,000/- (36,000 x 17 = 6,12,000). Further, Rs. 2000/- was awarded for funeral expeases, Rs. 5000/- for consortiuBi aad Rs. 2,500/- for loss of estate. Thus, a total award of Rs. 6,21,500/- was graated along with iaterest at fhe rate of 6% per aanum froni fhe date of the appUcation i.e. 13.9.2007 . We have heard leamed counsel appearmg for fhe parties aad peinsed fhe papers available on record. It is evident fhat no docuraentaiy evidence was filed by the claimaats to prove the uiconie oftlie deceased. However, leamed Tribuual has assessed fhe laonfhly iiiconie of fhe deceased as Rs. 4500/- p.ia. Accordiag to our opniion when there is no basis, fhe incoine shoxild have been assessed takmg iato consideration fhe niuimiuni wages fixed by Uie State Govenunent/CoUector, under tiie Muiiaiiini Wages Act. Therefore, we are of tiie considered opioion that fhe uiconie of fhe deceased, as assessed by flie Tribunal, was excessive. In view of the above, we assess the iacome of the deceased as Rs. 3000/- per month, thereby Rs. 36,000/- per year. After deductiag l/3rd offhe iiicoiae for self inaiatenance, fhe amount of dependency comes to Rs. 24,000/- per anaum. Siace fhe deceased was a aiarded person aad his age was 20 yeai's at the tune of deafh, fhe niultipUer of 17, which was appUed by tiie Tribunal, would be appropriate. Thus, after applyiag tlie miiltiplier of 17 the total dependency coraes to Rs. 40,8000/- (Four Lacs aad EightThousand). i""'3S?iS| ^.-^ ^ y^ ...a?j !:.^^ 9. In addition to ttie above dependency, we aUow Rs. 2000/- for funeral expenses, Rs. 10,000/- towards consortium, Rs. 3000/- each to fhree younger brofhers (total Rs. 9000/-) and Rs. 5000/- each for love aiid affectiou to fhe parents (total Rs. 10,000/-) aad Rs. 5000/- for loss ofestate. Thus, the total sum ofRs. 4,44,000/- with iaterest at the rate of 6% per aniium from fhe date of the appUcation. 10. We direct that out of the tatal award, Rs. 1,90,000/- ia the name of respondent No.l (wtfe) aad Rs, 50,000/- each (total Rs. 2,50,000/) in the name of the respondents No. 2, 3, 4, 5 and 6, shaU be kept ia a fixed deposit schenie of a nationaUzed baiik for a term of five years. Reinamiag ainount shall be disbursed to tlie respondents No. 1 to 6/claiinaats ui equal proportion fhrough account payee cheques. 11. The claimants will be entitied to get fhe aiaount of iaterest accrued on the aaiount offixed deposit on monthly basis. 12. The clamiaiits shaU be at Uberty to niove the Tribunal for wifhdrawal of tiie amount ia case of exigency so adsen, which shall be considered aad decided ia accordaace wifh law. 13. The appeal is allowed ia part, The impugned award dated 3rd July, 2008 is Biodified to fhe above extent. No order as to costs. Sd/- I.M.Quddusi Judge Sd/- N. K. Agarwal Judge Thabir