^' ^ ••»M ^. .-e^\ c^^ \'^"' -*'* ^lt .' .-'' IN THEHIGH COURT OF CHHAmSGARH AT BILASPUR M. A. FC1 N0. 'i (, 5 /2oii Sjn( APPELLANTS : 1 Smt. Kadam soni W/o Chhabi CLAIMANTS - Soni aged. about 42 years Occupation House Wife 2. Chhabi Soni S/0 Late Lalit Soni aged about 46 years. •3. Ku. Kiran D/0 Chhabi Soni aged about 17 years (Minor)Appellant N0. 3 are minor through legal guardian mother smt. Kadam soni ,appellant no.l Both R/o R.B.H. Coloni ,Raipur Post W.R.S. Coloni Thana Khamtarai , Raipur , Tah. and Distt.(©-€H(&-<M^arC^<iJ VBRSUS 1. Vijay Dohare S/o Salik Ram ,aged 22Year, Qccupation vehicle driver , R/o Shrinager ,Shivanand Nager , Near Anil Famichar Thana Khaintarai Raipur (C.G.) (VEHICLE DRIVER) 2. Goatum Sahu S/0 jhanglu ram sahu ,R/0 udia near gairej , Tatibandh Thana Aamanaka ,Raipur (C.G.j. (VEHICLE OWNER) 3.ii^o> 3. The "New^ Insurance ComoanvjSvfe- ^td., th'rough -Mandalia Manager' Maiidal Office- N0. Kachahari Chaok, Jel road ,Raipur Chhattisgarh (INSURER) '^ RESPONDENTS NON- APPLICANTS A" // ' MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 Being aggrieved against the judgment and -award dated 08/10/2010 ^assed by the 2nd Additional Motor Accident HIGH COURT OF CHHATTISGARH AT BILASPUR ^'' MISC. APPEAL (Q No. 969 OF 2011 APPELLANTS CLAIMAKTS RESPONDENTS NON-CLAISIANTS Smt. Kadam Soni and ofhers. Versus Vijay Dohare and ofhers APPEAL UNDER SECTION 173 OF TBgEMOTOR VEHICLES ACT, 1988 SBs- Hon. Shri N.K. Agarwal, J PRESENT :- Shri A.L.Singraul, counsel for the appeUants. ORAL AWARD (21.10.2011) Heard on LA.No. 1 for condonation of delav in filme the appeal. 2. On due CQnsideration, I am satisfied that fhe appeUants succeeded in explaining the delay in filing fhe appeal. Therefore, I.A.No.Ol is allowed and fhe delay in fflihg the appeal is condoned. 3. Heard OH admission. 4. This is claimant's appeal seektng enhancement of compensation awarded by the 2nd Additional Motor Accidents Claims,-Tribiinal, Raipur m Claim Case No. 24/2010 vide award dated 08.10.2010. -i-i ?. 4. 5. As against fhe compensation ofRs.13,50,000/- claiiued by fhe unfortunate parents and sister of deceased— Shambhu Soni, by llling application under Sectlon 166 of the Motor Vehicles Act, 1988 (for short the Acf) for his deatfo m fhe motor accident dated 21. 12.2009, the Tribunal has awarded a tptal sum of Rs.1,92,000/- as compensation along wifh interest at 6% per annuin ftom fhe date of application till its actual pa5?iaent. 3. The Tribunal, on a close scrutiny of fhe evidence led before it, held: the accident had occurred due to rash and negligent driving of Metador bearing registration No. C.0.04 J/3I02 by its driver Vijay Dohare; deceased - Shambhu Soni has di&d on account of injunes Sustained by him tn fhe said accident; respondent No.S/fhe NCTV India Insurance Company Limited liable for payment of compensation as it could not . establish violation ofpolicy conditions; assessed and awarded fhe aforesaid amoiint of compensation alor^ wifh interest at 6% per annuin from the date of application tiU its actual payinent. -. 4. Shri A.L.Singraul, ffi'amed counsel appearirig for fhe appeUants, while not disputmg fhe ainount of com.pensation awarded by the Tribunal on aceount of loss of dependency, would subrtit: fhe Tribunal Jias erred tn awarding only ?~ ^-< •^ •^ 'Sy^~. •••' Rs.12,000/- on ofher heads, which deserves to be si.iitably enhanced. 5. I have heard leamed counsel for the appeUants and perused fhe award impugned includmg fhe record of the Tribunal. 6. Indisputably, the claimants are parents and sister. The Tribunal, after assesstng fhe tncome of the deceased as Rs.36,000/- per annum, deducted 50% of it towards personal expenses ofthe deceased, applied multiplier of 10, in view of the judgment rendered by (he Supreme Court in the case of JSurd.clpal Corporatton of Greater Boinbdy -v- Laxincm. lyer and tuwther reported in (2003) 8 SCC 731 and awarded Rs.1,80,000/- as compensation on account of loss of dependency. The Tribunal further awarded Rs. 12,000/- on other heads and thus has awarded -total coiapensationofRs.1,92,000/-. 7 . If parents are claimants, then they are normally entitled for Rs. Rs.5000/- towards loss of estate and Rs.5000/- towards fun^al expenses, The Tribunal, in the inst&nt case, has awarded Rs.12000/- on account of non-pecuniary loss sustained by the appellants. Therefore, l^ie subinission inade by Mr. Singraul, leamed counsel for the appeUants that the Tribunal has not ! fv^-a ff: s "^ "i> "^Si ^ (&.:1 awarded adequate compensation towards non-pecuniaiy loss sustained by the appeUants is devoid of raerit and substance. 8. No other points have been urged. 9. For the foregomg, the^ppeal, being devoid of merit and substance, is llable to be and is hereby dismissed. 10. No order as to costs. Sd/- N.K. Agarwal Judge :^ -•; ^