&i*%j0il fisa^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. (C) No. Of2009 APPELLANT :- NON-APPLICANT N0. 2 Manager, New India Assurance Co. Limited, (wrongly written as Assurance Co.Ltd.), Transport Nagar, Korba, (C.G.) '-^f^r(" "^'S'^K^ ^tW ,,^w RESPONDENTS :,- 1 ^ ; .>"?' ^"wx^. e^^ t^^' -tl. ^ cv''& VERSUS Shridhar Uraon, son of Dhaniram Uraon, aged about 45 years, Occupation- Labourer. Kamla Uraon, wife ofShridhar Uraon, aged about 42 years, Occpation- House wife. Hetram son of Shridhar Uraon, aged about 17years. ~tki \t, Is^ w-tu-A ^Muih'"\ ^tUi. ;>(. ^a»Kfw3 All are residents of Village- Tihlirampur, Police Station- Tamnar, District- Raigarh, (C.G.) Mohammad Farookh son of Abdul Rasheed, Director, Sameer Traasport, Kharsiya Road, Ambikapur, District- Sarguja, (C.G.) ^5. Pooran Bhagat, son of Kunjram Bhagat, Caste- Uraon, aged about 33 years, Occupation- Driver, resident of Katkaliya, Police Station- Lalunga, District- Raigarh, (C.G.) ^" APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT. (Qaini_ui-aDnfial^aluAcL^i-El^^!- JCUS—^^^^-L i HIGH COURT OF CHHATTISGARH ATBILASPUR M.A.C. No. 219/2009 APPELLANT Manager, New India Assurance Co. Limited Versus RESPONDENTS Shridhar Uraon and others DB:- HON'BLE SHRI I.M. QUDDUSI & HON'BLE SHRI N.K. AGARWAL. JJ PRESENT:- Shri Pankaj Agrawal, Advocate, for appellant. Shri Anumeh Shrivastava, Adv. for the resps. No. 1 to 3. None for other respondents. ORAL ORDER (1-12-2010) Per I.M. Quddusi, J. 1. This appeal has been filed by the appellant/Insurance Company against the award dated 14-10-2008 passed by the Ist Additional Motor Accident Claims Tribunal, Raigarh in Claim Case No. 76/2006 whereby Rs. 3,08,500/- as been awarded to the claimants. 2. Facts of the case in brief are that on 8-1-2006 at about 15.00 hrs, Paitram. (since deceased) was driving a tractor taking labours in the tractor. When he reached at village Kenjumura P.S. Tamnar, a bus bearing registration No. CG 15A/4112 being driven by respondent No. 5 in a rash and negUgent manner, dashed the tractor, as a result of which, the tractor fell down in the field, and Paitram sustained grievous injuries and died during treatment. The claimants being legal heirs of the deceased filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (briefly 'the Acf) claiming Rs. 16,60,OOO/- as compensation for the death offhe deceased. 3. Learned Tribunal awarded Rs. 3,08,500/- to the claimants as compensation as against the driver, owner and insurers jointly and severally. 4. In the instant case, the Tribunal has rightly assessed the income of the deceased as Rs. 3,000/- per raonth i.e. ''%. ~<~b te^-y 7. 36,000/- per annum.. The deceased was a bachelor of 27 years of age, therefore, standard deduction towards personal expenses would be 50% in view ofthe decision of the Supreme Court in the case of Sarla Verma (Sint.l and others -v- Delhi Transport Corp^ratipn and another reported in (2009) 6 SCC 121. Thus after deducting 50% of the income of the deceased, the yearly loss of dependency would be worked out to Rs. 18,000/-. The age of the parents is 45 and 42 years, therefore in view of Sarla Verma's case (supra), appropriate multiplier between the age of 40 to 45 years of the parents, would be 14. By applying the multiplier of 14, the amount would come to Rs. 2,52,000/- towards loss of dependency. Each of the claimants are furfher entitled to Rs. 5,000/- total Rs. 15,000/- towards loss of love and affection. They are also entitled to Rs. 10,000/- towards loss of estate and Rs. 5,000/- for funeral expenses. Therefore the claimants are entitled for Rs. 30,000/- on other heads. Thus the claimants are entitled for Rs. 2,82,000/- as amount of compensation along with interest at the rate of 6% per annum from the date of application till its recovery in place of Rs. 3,08,500/- as awarded by fhe Tribunal. So far as the finding of the Tribunal regarding contributory negligence is concerned, the same is based on the evidence available on record and does not call for any interference. In view of fhe above, the appeal is allowed in part. The amount of compensation awarded by the Tribunal to the claimants is reduced to Rs. 2,82,000/- along with interest at the rate of 6% per annum from the date of application till its payment. The impugned award is modified to the above extent. Rest of the conditions given in the award shall remain intact. Therefore the appeal is allowed accordingly. Sd/- I.M.Quddusi Judge N.K. AgrawaS Judge k