VM^: C-l" IN THE HON'BLE HIGH COURT CHHATTISGARH AT BILASPUR (C.G.l M.A. (C) No. 11 °| ^ of 2009 APPELLANT/ : ^Vindhyachal Gupta, S/o /^Owner ^ Parmeshwar Sao, aged about ;'^3°^-- . 40 years. R/o Village-Revati, i^^"^.^[^ Post-Revati, P.S.-Chandaura, Tahsil-Pratappur, District- Sarguja (C.G.) ^. ":-:;^AS?^^l~ 'w^w:^^ •••• palea. VERSUS ^]BSPONDENTS/ ^k Clainiants X-^. y°river ;- Phulmati, Wd/o Santlal, aged about 42 years, Rampravesh, S/o Santlal, aged about 18 years, Occupation- Student Ramprit, S/o Santlal, aged about 16 years, Occupation- Student, Minor through Legal Guardian Mother, All resident of Village-Bhalui, P.S.-Chalgali, Tahsil- Wadrafnagar, District-Sarguja (C.G.) Shravan Kumar Patel, S/o Ramnath Patel, aged about 25 years, Occupation-Driver, R/o Village-Dhondha, Post- Bartikala, P.S.-Chandaura, District-Sarguja (C.G.) :! MEMO OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT -l^ HIGH COURT OF CHHAmSQARH. BILASPUR DB: HON'BLB I. M. QUDDU8I fis HON*BLB G. MINHAJUDDIN, JJ M.A(C1 No. 1198/2009 APPELLANT: RESPONDENTS: Vindhyachal Gupta Vs. Phutoiati aad others MISC. APPEAL UNDBR 8BCTION 173 OF THB MOTOR VBHICLE8 ACT.1988 Appearance: Mr. D. N. Prajapati, Counsel for the appeUaat. Mr. Parasraaai Shnvvas, counsel for respondents 1 to 3. PerLM.QUDDUSI,J» ORAL ORDBR (01.09.2011) This appeal has beeii filed by fhe owner agaiast the impugned award dated 31.07.2009 passed by tlie Additional Motor Accident Claim.s Tribunal (FTC), Pratappur, District Sarguja (C,G) in Claim Case No.43/2008 fastening Uability upon fhe owner and driver to pay a corapensation of Rs.3,29,500/- with iaterest, Brief facts of fhe case as per fhe version of fhe claiinants are fhat appeUaat is fhe owner of the offeudiag vehicle bearing Regn. No.U,P.64-E/4375 and respondent no,4 was driver. On 15.05.2008 the deceased along-wifh a baiid pai-ty were traveliag ui the said vehicle and due to rash aad negUgent driviag of respondent no.4 tlie said vehicle met wifh accident ia which deceased Saatlal died. At fhe ticae ofaccident, fhe deceased was aged about 45 years. He was a cobbler aad was earaiag Rs,4500/- per inonth. by doiag cobbler's work as also by participating ia baad porty on fhe occasion of inardage 'Y s\ /',,,.-:-"%', '^ f ,1...,..,....- i •I tlSSfei ^ ^ cerenionies, The clamiaiits beiag dependents of fhe deceased have filed appUcatiou u/s 166 ofthe Motor Vehicles Act for tlie award oftotal conipensation ofRs,5,67,500/- on vadous heads. The leamed clauns tdbunal has held tliat fhe vehicle in question rn.et wifh. accident, as a result ofwhich, deceased SanUal died; he was aged about 46 years aad he is entitled to get a total coinpensation of Rs.3,29,500/- froni fhe appeUaat as also respondent no.4 jonitiy or severally. We have heard leanied counsel for fhe pardes aad have also gone fhrough fhe records of tlie Tribunal. It has conie ia evidence fhat fhe deceased was doiag fhe work of cobbler aad belonged to fhe family of below poverty Une. The Tribunal has assessed his eamiag as Rs,3000/- per nionth treating fhat his daUy earaiag would be Rs.100/- per day. But lookuig to the nature of works of fhe deceased, ia our opinion, his total working days should have beeu 25 days in a calendar nionfh, Thus fhe average inconie would coine to Rs.2500/- per raonfli aad Rs,30,000/- per aiinuxn. After deductmg l/3rd towards personal expenses, fhe reinuider/annual loss of dependency conies to Rs.20,000/-. The age offhe deceased was 46 years aad accordiag to fhe laultiplier scale given ia Sarta Versna (Snit.) -i?s- Delhi Tresnspert Corporafton and cinofher reported in (2009) 6 SCC 121, multipller 13 would be applicable. Thus, on applying niultipUer 13, tihie total loss of dependency comes to Rs.2,60,000/- (Rs.20000 x 13). Besides fhis, fh.e widow is entiUed to get Rs,5000/- towards loss of consortiura and fhe claiinants are entitied to get Rs.5000/- for loss of estate and farfh.er Rs.5000/- for fiineral expenses which A, '^'v .-y .f s 't ^^•;-<^...c%:'':^"^,, ^ .-^' 6. 9° m all comes to Rs.15,000/- over fhe ofh.er heads. After addmg Rs.15,000/-, the total aiiiount of coinpensation coines to Rs.2,75,000/-. Therefore, the award of the Tnbimal is hereby reduced to Rs.2,75,000/-. This amount shatl also carry simple iaterest @ 6% per annum. froni fhe date of fiUng of the claim petition tiU its paynient is nxade. Rest of fhe conditions of the mipugaed award shall reniain intact, lu fhe result, fhe appeal is allowed ia part. The impugned award dated 31.07.2009 is modified ia the above terais. No order as to Sd/- LM.Quddusl Judge Sd/- G.Minhajuddin Judge Rao