IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR MAfONO. <^3^ /2010 fi§« (D cf-^A ^ on Kgr !»• APPELLANT y(0wner) Karnail Singh Bhatia s/o Manjit .</ •L y^\<y Singh Bhatia, aged about 35 years ^^^ -:.^ .^' ._. •^"' ,0 ^" ;^ '^ NON-APPLICANTS (Claimant no. 1) (Claimant no. 2) (Claimant no. 3) (Claimant no. 4) (Claimant no. 5) (Claimant no. 6) (Claimant no. 7) s>- //: >• ^- 9-5- y- / residents of - MIG 74, Dr. Rajendra Prasad Nagar, Korba C.G. Versus Resham Bai W/o Shri Govrdhan Diwakar, Aged about 38 years Govardhan Diwakar S/o Late Kheda Das, aged about 41 years Ku. Laxmin Diwakar D/o Govardhan Diwakar, aged about 18 years Ku. Asha Diwakar D/o Govardhan Diwakar, aged about 17 years Akash Diwakar S/o Govardhan Diwakar, agedabout 15 years Nitu Diwakar D/o Govardhan Diwakar, aged about 18 years Respondent no. 3 to 6 through Natural Gaurdian Mother Resham Bai w/o Govardhan Diwakar, aged about 38 years. (Non applicant no 1) Smt. Katika Bai Wd/o Late Kheda Das Diwakar, aged about 70 years (Driver of the offendina vehicle) <.> (Insurer of offendina (^_Q vehicle) All non applicants residing at Ward No. 4 P. S. and Tahsil Pathariya, Distt. Bilaspur (C.G.) Alakh Dev Kunwar S/o Shri Rameshwar Kunwar, aged about 35 years, R/o Balau, P.S.- Maharajganj, Distt.-Sivan (Bihar), At presentaly Residing at Tulsinagar, P.S. Rampur, Distt.-Korba (C.G.) The New India Insurance Company Umited, Rama trade center, 1 floor, opposite Rajiv Plaza, Bus Stand Road, Bitaspur (C.G.) MISCELLANEOUS APPEAL U/S 173 OF THE MOTOR VEHICLES ACT. 1988 ^;'. HIGH COURT OF CHHATnSOARH, BILASPUR DB: HON*BLB I. M. QUDDU8I & HON»BLB G. MINHAJUDDIN, JJ M.AICI No. 285/2010 APPBLLAIITSt: RB8PQNDBNT8: KaniaU Siagh Bhatia Vs. Resham. Bai aad ofhers MI8C. APPBAL UHDBR 8BCTION 173 OF THB MOTOR VBHICLES ACT. 1988 Appearance: Mr. Abhijeet Sarkar, Counsel for the appeUaat Mr, Sacaeer Siiigh, Counsel for . Mr. B, N. Nande, on behalfofMr. Deepak Gupta, counsel for respondent No,9 Per I.M. OUDDUSI. J. ORALORDBR (22.09.2011) 1. This appeal has been filed by the owner of the vehicle agaiast fhe impugaed award dated 07.10.2009 passed by fhe Additional Motor Accident Claims Tribunal, BUaspur, District Duxg (C.G) m CIaim Case No.23/2009. 2. Brief facts of fhe case as per fhe version of fhe clainiants axe fhat on 06,03.2009 deceased Raju Diwakar was retoraiag to Bilaspur froixi Bishrampur by driving Indica Car bearing Regn,No,C,G, 10/F-6864. On fhe way, between viUages Bharad and Mohtrai, one Truck (Offendiag Vehicle) bearing Regn.No.C.G.04--J/2612 beiag driven by non-applfcaat no,l Alakh Deo Kuiiwar, in a rash aad negligent xaaaner dashed fhe Car, as a result ofwhich, Raju Diwakar sustaiaed grievous injuries on his head, bofh fhe legs, chest and other parts ofthe 1k !^ .,J / '"A. ''\^ 5?S^ A '%.£^ ^ 5. body. He was iminediately brought to fhe CIMS Hospital, Bilaspirr where he died during the course of treataient At fhe tinie ofaccident, fhe deceased was e^ed about 25 years; he was workmg as driver aad was eamiag Rs,5000/- per month plus offaer aUowaaces. The claimants being dependents/legal reprcsentatives of fhe deceased have fiLled clami petition u/s 166 of fhe Motor Vehicles Act for fhe award of a total coiiipensation ofRs,9,30,000/- onvarious heads, Leamed Clamis Tribzinal has held fhat fhe offendiag Ttuck was involved ia fhe accident, iawhich, fhie deceased died; fhere was breach of conditions ofthe Insurance Policy by non-applicaiits 1 8& 2, fhereforc, fhe Insuracice Compaay was not liable to pay comipensation aad fhe claunants are not eiitifled to receive a total compensation of Rs.3,86,000/- wifh interest fi[iom tfae appeUaat aad respondent no,8, A perusal of fhe record shows fhat at the time of accident, respondent no,8, who drove fhe offendiag Truck was havmg valid aad effective Ucence only to drive fhe Ught motor vehicles, but he was not holdmg proper licence to drive fhe hescvy velucles aad therefore, fhere was breach of conditions of the Insiiraace policy, So far as quaD.tuni is conceraed, fhe uicoine of fhe deceased was taken by fhe Tribiinal as Rs.3000/- per monfh and Rs.36,000/- per aanum. The Tribmial has deducted l/3t?d towards personal aad livin^ expenses which is not pix^per. It is weU settted law fhat if fhe deceased was bachelor, one-half (50%) has to be deducted, In fhe iastaat case, fhe deceas^d was bachelor, fhercfore, one half (50%) should be deducted as personal aad Uvmg expenses, After deducting 50%, fhte annual ,,^5?S^%^. .^T^ ^lfeaa,1 ^ •7 loss of dependency coines to Rs,18,000/-, The parents bemig claimaats, flie age of fhe parents arc to be taken into consideration, The average age of fhe parraits is 40 years aiid fhey faU wifhia the age group of 36 to 40 years, Accordiag to fhe multipUer scale prescribed by Hon'ble the Supreme Court in Scirla Verma (SnsL) -vs- Detht lyansport Coyparatfoa and emather reported in (2009) 6 SCC 121 (Para 40), multipUer 15 would be appUcable and therefore, on applymg miiltipUer 15, the total loss of dependency comes to Rs.2,70,000/-, Besides fhis, fhe parents are entifled to get Rs, 10,000/- for loss ofestate aad Rs.5000/- for fuaeral expenses which ia all comes to Rs, 15,000/- under the ofher heads, After addiag fhis amount, fhe total amount of compensation comes to Rs.2,85,000/- (270000 + 15000) which, mour opinion, fhe claimaiits are entitied to rcceive firom fhe appellant, Thercfore, the award offhe Tribunal fhat is Rs.3,86,000/- seeins to be on higher side and fhe sacae is hercby reduced to Rs,2,85,000/-. The Tribiinal has also iinposed penal iKiterest @ 8% per aanum in case ffaie payment is made after fhe stipiilated period^ which is unsustamable, Therefore, we dircct fhat fhis award shall cany simple iaterest @ 7% per aanum fhrough out &om fhe date offilmg ofclaun petition tiU fhe payiaent is inade. After depositmg amoiint under awsurd by the appeUant, Rs.40,000/- each shall be deposited in the name of each clainiaat/respondents 1 to 7 ina nationalized Bank for a period of 5 years and fhe rest of fhe aixiount plus in.terest accrued on fhe aiaount of award shaU be paid to fhe claixaaat- parents ia cash. ^€> 6. In fhe result, fhis appeal is aUowed ia part. The impugned award dated 07,10.2009 is niodified ia tiie above temis. Rest of fhe terms aad conditions offhe impugned award shaU reinain intact, No order as to costs, Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge ROJO r^