^^^^LL. Oivision Benck1 IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C)No.- 73^ 72011 APPELLANT INSURANCE COMPANY THE ORIENTAL INSURANCE COMPANY .^^. LIMITED, THROUGH BRANCH \ ^<$g^' ^ MANAGER, BRANCH OFFICE, BEHIND ^9°\/'^^^<^ AMAR TALKIES DHAMTARI, DISTRICT - ^1.-<^^A\ DHAMTARI C.G. Vrs. RESPQNDENTS/CLAIMANTS:- ^- ^- 4. SUDARSHAN LAL THAKUR S/0 LATE PUNAU RAM THAKUR, AGE 58 YRS., SMT. SHANTI BAI W/0 SUDARSHAN LAL THAKUR, AGE 54 YRS. KU. SAROJ THAKUR D/0 SUDARSHAN LAL THAKUR AGE 19 YRS., KU. SHASHI THAKUR D/0 SUDARSHAN LALTHKURAGE, 17YRS., ALL RESIDENT VILLAGE GIRHOLA, PO. CHARBHATHA, THANA CHARAMA, DISTRICT KANKER, C.G. RESPQNDENTS/NON-APPLICANTS:- VEHICLE DRIVER - HARAS PAL SING S/0 NIRMALAU SING, AGE 40 YRS., RESIDENT VILLAGE MOKSAR, THANA LADUWALA, DISTRICT - FIROJPUR (PUNJAB) PRESENT ADDRESS - BEHIND CHHAWANI THANA, POWER HOUSE, BHILAI, TEHSIL AND DISTRICT DURG C.G. VEHICLE OWNER- SURJEET SINGH S/0 S. JASWINDER SING RESIDENT SHOP N0. 53, ARKED COMPLEX, NEW BUS STAND PANDRI, RAIPUR, DISTRICT- RAIPUR C.G. APPEAL UNDER SECTION 173 OF MOTOR VEmCLE ACT 1988 7~ ....._-.^^- ^- '\ KIGH CGURT OF CKHATTISGARH AT BILASPUR Misc. Appeal (Q No. 738 of2011 APPELLAI^T : The Oriental Insm'aiice Compaiiy Limited. ... /• Versiis Sudai'shaii Lal Thakm- aiid others. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hoia'?fole Slafi Jiistice'i.M< Q-iiddiisi & Hoa?ble Shri Jiastiee G. Mtohajiiddiis- Presesit ; Slu-i Sudliir- Agt-awal, counsel for tl-ie appellaiit None for respondents. QRALQRDER (Passed oia 21st day ofjisly; 2011) Per U€.Quddusi, J. •1'iliS appeai has been filed by ti-ie appellaiit/Insuraiice Conipaiw agauist the impugned awai'd dated 25-01-2011, passed uy the Motor Accident Claims Tribunal, North Bastai', Kaiiker (for short Uie Claims Tribmial7) iii Clalm Case No. 03/2010 in so fai- as it relates to quaiitum pai-t orily. 2, The appellaiit has obtaliied permissiou under Sectlon 170 of ti-ie Motor Vehlcles Act, 1988. 3. Brief facts of ti-ie case, ai'e that ti-ie appellaiit, lespondeuts No.5 & 6 were uisui'er, driver aiid owner offending of the veliicle Malundra Bus beai'iiig registi'atlon No. C.G. 04-E/0399, respectlvety. On 09-12-2009 at about 1-30. deceased ~ Bali'ani Siiigh Sori was gouig ou niotorcycle (BaJaj Caliber) beai'uig registiation No. C.G. '-^ *^^^^1-' 05-C-1107, along wlth liis friend from Clim'aiiia to Kanker. He was dashed by Maliindra Bus beai'iii^ reglsti~ation No, C.G. 04-E-0399 due to rash aiid uegligent drivmg of the driver of the Bus, as a result of wliich Balrain Siiigli Sori died on the spot. The report of tiie mcident was lodged m tiie Police Statlon, Charai-fla aiid a Crime Case was registered under Sectiou 304-A ofI.P.C. 4. The claunaiits urifortmiate pdi'ents aiid sisters of thte deceased had filed a petitiou before the Tribuiial under Section 166 of the Motor Vehicles Act, 1988 (for short the Acty) clauuiiig a total compensation of Rs.26,00,000/- ui-ider vai'ious heads. 5. The leai'-ned Tribi.mal on a close scr-utmy of the evidence led, material placed mid submissions made by the paities has awai-ded a total sum of Rs. 3,08,000/'- along with interest @ 6% per aiinum from the date of applicatlon till its payuient 1s made. 6. We have heai'd leai'ned couiisel for tiie pai-ties, perused tiie impugiied awai'd aiid fhe record of tlie Tribunal. - 7. There were two claiiii petitions decided togetlier. However, the Insuraiice Compaiiy has challenged award in respect of Claim Case No.03/2010 wherein tlie age of the deceased as 20 yeai"s aiid he was a bachelor, Learued Tribunal has applied ti.ie multiplier of 16 consideriiig tlie age of tiie deceased as 20 yeai's of a bachelor. The & Tribunal lias tiius committed maiitfest eiTor of law in not calculating the average age oftiie parents ofthe deceased aad applyuig tiie multiplier on tliat basis. 8. The prhiciple lald down by the Supreme Court iii case of Sarla Venna (Sfnt) and others vs. Delhi Trcsnsport Corporation CLnd Anather; ieported iii (2009) 6 SCC 121 has not been followed. Therelbre, we have to re-calculate the quantuai. 9. The mcome of tilie deceased as assessed at Rs.36,000/- per aiiiiuni. After deducting 50% towai'ds his personal aiid living expenses, the remainder couies to Rs. 18,000/- per aiiaum. The average age oftiie pai'ents is 56 yeai's aiid tlierefore, multiplier of 9 would be applicable. Thus, a total lo»s of dependency would come to (Rs.18,000/- X 9 ) - 1,62,000/-. Besides tlils, ti-ie clauiiaiits No. 1 aiid 2 ai-e entitied to Rs. 20,000/- i.e. Rs.10,000/- each towai'ds loss of estate aiid Rs. 5,000/- towaids fmieral expenses. After adding tiie amount of Rs.25,000/-, the total auiount of compensation would come to Rs.1,87,000/-. Therefore, Uie airiouiit ofaward is modifled to the above extent. The clalmaiits would be entitled to get Rs.1,87,000/- along witli siinple interest @ 6% per arinum on the aiuouiit of compensation from the date of filing of the petition, till its payment. Cost of tlie counsel for the appellaiit at Rs.1000/- as awai-ded by tl-ie leaiTied Tribunal in ti'ie awai'd sliall remahi uitact. r ^ "f^^.. .^. • '^ y' f; i'" ..^ .^,...,. 10. However, tiie aniomit of Rs.1,50,000/- sha]l be deposited by way of fixed deposit m the jouit accouiit of the pai'ents of tlie deceased i.e. claiiTiants No. 1 & 2 Sudai'shaii Lal Thakui' aiid Smt. Shaiitl Bai for a period of flve yeai's. Rest of tlie amomit shall be paid in cash to tiie pai-ents jomtly. 11. The appeal Is allowed iii pai~t. 12. No order as to costs, Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge Kvr Yr