^^i^ ^y^i^^^^.a^^^ jgy^^^v-^w^^ ^ -^A^ IN THE HIGH COURT OFCHHATTISGARH AT BILASPUR MISC. APPEAL fCyNO.^/ / 2007 » ApDellant : ^alihar SinghSaini, S/o Harnam ^n-ApplicantNo.2 ^^Singh, Aged about 60 years, Aged about R/o HIG 2194, M.P. Housing Board,lndustrial Area, Bhilai, Tahsil & Distt. Durg (C.G.) VERSUS Respondents : ^ . Swarnsingh, S/o Kanshisingh, Aged about 47 years. 1y Smt. Paramjit iKaur, W/o Sardar Swarnsingh, Aged about 46 years. (Both R/o MIG 2/2236, M.P. Housing Board, Bhilai, Distt. Durg (C.G.) .Claimants t.*^A <5^Daljitsingh, S/o Inderjeet Singh, Aged \y'^'T^y'/ ^^ ?f)6ut 2^years-. IR/O 'y1^ 19°'-M;P- >.•- , \^'^ ..••••• Housing Bogrd, Industrial Area, Bhilai, ^^'^^^\'^4<(t"r' Tahsil&Distt.Durg(C.G.). '^•'-^^ . ' --"" 4.^The New India Insurance Company Ltd. - Through jDivisional Manager, Nandini Road, Tahsil & Dist. Durg .Insurer MISCELLANEOUS APPEAL U/S 173 OF THE MbTORVEHiCLE ACT 1988 M ^ COURT OF CHHATTISGARH AT HON'BLE MR. I.M.QUDDUSI & HQNSBLE MR. smWASrAv'A. JJ M.A.iCs BQJjhar Singh Saini Vs SwcirrrSingh & ors Preserst: Mr< ?M. Patankar/Advocate for the appeliant. Mr, Saurabh Sharma, Advocate for the respGndent No.4< ORDERrQrar) (2nd May, 2011) I.M. Quddy-si. J; 1. Heard. 2. The appeiiant-owner has fiied this Oippeal under Section 173 of the Motor VehjcJes Act, 1988 (for short 'the .4ct, 1988') aqainst the award dated 22-3-2007 passed by the 11th Additiona! Motor Accident CJaims Trlbunai, (FTC) Durg(C&) (for short 'the Ciaims Tribunal') in Claim CaseNo.91/2005 fastening iiabiii'tyon the appeiiant-owner to SGtisfy the award." - . ;. ^ . ' . . : 3. Facts of-the in nutshell, are'that on 18.1,2005 deceased Indrajeet Singh was' going to Nagpur from Bhilaj in'Tata- Indica car. reaistration number C&07«Z0mS444. When they reached near" Mahrajpur, &-E. Road, ftajnandgaon the said vehicle, d'ue to rash and nBgligent drjvjng .by jts driver, with an accidcnt as 'a resuit the deceasedsusteined Qrievous injuries on his head, chest'CTid...iBg. immedjatBJy .in -thc Suraj. Nursjng Ho'me •for .treatment, M- ~' . " . ' ' ' however, lookina t^critjcal condition of said Indrajeet Singh, he was referred. to Sector"^ Mospitai, Bhilai where. he died while undergoinQ treatment The ciaima^ts/^ho parents of thc had filed a cJaim petition the' Ciaims ':.Tribunal ;seeking ^compensatjon to the ^•^^ i— T^ € tune of Rs.2,54,65,u00/-a on the ground that they were dependent on the and due to his death they have suffcred of income/ 4. The Ciaims Trjbunal vid'e award' dated 22<3.2007 partly albwed the appJJcation, awarded a sum of Rs4,28,OC30/M as compensatjon aiong with interest © 6% p.a. from the date of fjiina of claim application tili the pa\/ment is madse and fastened iiabjiity? on the appellant herein to . pay the amount of compensation to fhe ciaJmants. • • ^ . . 5. for the appeliant has filed the instant Gppea! challenging ijabjjjty part of the impugned award on the ground that finding given by the Claims Tribunaf on Issue No.2, in affjrmative, is notproper in vsew of the factthatvehicte jn question was apnvate car and insured under the comprehensjve policy and as per clrcular dated 16.11.2009 issued by the Insyrance Regufatory and Development Authority risk of tfre occupant carned jn a private 'car is covcred/ 6. On the other hand, counsel for the respondent N0,4'" Insurance Company has not the above cjrcuiQr.'but he has submitted that amount awarded by the Clalms Tribunal in the facts and circumstances of is too and thc.same to be rnodjfjed sujtabiy. 7. We counsef for the parties .and the record of the CIaims Trjbuna!. 8. In the instant case, policy was a'aStandard Ppl'icy'ccomprehensjve poljcyiand the was.one of the occupants" of t-he in question/The Insurance Reguiatory and Authorjty vid'e its CJrcutar dated 16.11.2009, in which ecirijer csrculars by the Tanff Advjsory CommJttee dated 18.3.1978 & 2.6.1986 were ciarjfied, addr.essed to aH the ^enerai Insurance Companies have directed that jnsurtgnce Jiabslity in respect of occupant (s) carried in a prjyate car and .pjiliohiwid€r. on Two-wheeler is under the Motor Paljcy. 9. In fhe instant case, it Is an ad2mitted fact that one of occupants of the vehjcJe in question and therefore th©above circuhr, in 7^ si ^ which st has clarified that'the occupant in a private car is under the comprehensive jnsurance policy is appticabie jn the case. Therefore, this Court is of ttie opinion that liability fixed by the Claims Tribunal on the appeilant-owner is iiable to be set and finding of the CJaims Tribunai on Issue No,2 i,e, on the date of accident the vehicle plied in yiolatjon of the conditions of jns-urQnce poiiw, is Jiable to be set - lO.Now coming to the araument advanced by the iearned counsef for the respondent No.4<atlnsuranc€CompGny regardinQ quantum. 11. In the present the cJaimQnts are unfortunate parents of the deceased, who was a bachebr^ The Ciaims TribunaJ to caicufate the of dependency has assessed annuai Income of the deceased at Rs-48,000"/, deducted 1/3 from it towards personai and livin9 of the and thereaftBr^applied rTiultipIier of 13. Mowever, as per judgment of the Hon'ble Supreme Court jn the matter Sarfa 'yermQ (Smt.) and others -vs- ^efhi Transport Corporafion and ^n^thc/9 reBortedAn f2Wy) 6 S€€'l2lthe CI.Qims Trjbunat shouid have deducted 50% toward's &€rsonaland'ljving expenditure of the from his income as it is assumed that a bdchebr woufd tend to more on him as self-mQintenance. Furltier, considerina the age of the parents of the dcceased, wh'ich 47 & 46 years respectiveJy at the time of accjdent, average of which coine more than 46.5 (rounded off to 47 years), the CIaims Trjbunal shouid have applied the muJtipijer of 13, as held' by the Hon'ble Supreme Court in the matter of Sarb Vermtfs case (supra), 12,Thus, after deducting 50% from the annuai income of the i.e. Rs.48,000/an asdssessed by the Tribunal, the annuai loss of income wouid .'< come to Rs,24.?QOOA ond by applyjng muitiplier of 13/the total Joss of -dspendency woulcJ\come to Rs.3,12,000/- (24000x13). Besjdes this, the cfaimants are aiso'gntitJed. to get Rs.5,OOQ/- for funera! expenses, Rs.10,000/- each for loss of love & affection and Rs.10,000/- for !oss of estate. The total amounts for which the ciaimants be entjtled for •*gH%,a^i,Kd, Mf^ l^ II^%IF%1 1 y^ "^s^. ^ under other comes to Rs.SS.OOO/", Accordingiy, in all the claimants are enfitted to receive a of Rs.3,47,000/- as compensation for the death of Indrajeet Singh. 13.In the rssult; s 22.3,2007, so faras it to fasteninq of ijabiiit^ on the appelbnt-owner of offending vehicle, js hereby set and' we hoid that the appeJbnt-pwner is rsot yable to pay compensatjon To the ciajmants invoived in ffie jmpugned award and the shaJi be paid by the respondent No4u-Insurance Company. s the amount'of compensQtion awarded by thc Ciaims Tribuna! is modlfied and the cJaJmants/respond.ent NoJ & 2 be entitled to qet Rs.3,47.000/- ascompensation m pbce of Rs.4,28,000/- as awarded by the Ciaims Tribunal vide impugned award, They shail also be for .interest © 6%'p.a, on the amount from the. date of fjling.of appiication tilJ actuoJ payment ;is made. Rest of the condsitions imposed by the Tribuna! in the jmpuQned remain inltict. s In amount by the.appeifant has-been withdrawn by 'the it wiil be open. for the appeliant to recover the from respondent NoA-Insurance Company. However, ifthe^amount, so has not been withdrawn so far; the be to withdraw it. It is chnfied that the claimants free to 'the aaainst the Insurance Company. 14. The is partiy to the extent jndicated l^Certifj^d copy as per rules. RoshanA. Sd/- LM.Quddusi Judge ^\ Sd/- Manindra Mohan Shrivastava Judge i\.