IN THE HIGH COURT OF CHH^WTlSGARH AT BILASPUR: ^30 MISC. APPEAL (Cl N0. OF 2007 APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT 1988 APPEAL VALUED AT RS. 3,96,000/- Appellant Non-Applicant no. 3 Respondents Applicants - ^' -/ (. 3- .s»" yw Respondent Non-Applicant no. 1 Respondent Non-Applicant No.2 1\iT^. The National Insurance Co. Ltd., Registered Office 3, Midilton Stree, Kolkata 700071 through its Branch Office, Taha Complex, Priyadarshani Nagar, Bilaspur (Chhattisgarh) Versus 1. ^ftJSLl Ras Behra, S/o Kanhaiya Ram Behra, aged 50 years, <- b/ Kanti Behra W/o Ras Behra, aged 48 years, ^ c/ Nandkishore Behra, S/o Ras Behra, aged 25 years ^ ^ d/ Deepak Behra, S/o Ras Behra, aged 18 years, ^ ^ e/ Naval Behra, S/o Ras Behra, aged 16 years, through Guardian Ras Behra, S/o Kanhaiya Ram Behra, aged f^- ^ fl Rohit Behra, S/o Ras rBehra, aged 14 years, through Guardian Ras Behra, S/o Kanhaiya Ram Behra, aged 2. D. Damodar Reddy, S/o D. Bhaskar Reddy, aged 25years, R/o 1-B Kanapkuntara, P.S. Dhone, Distt. Karnool (Andhra Pradesh) / S.P. Plastic Pipe Industries through S.P. Y. Reddy, R/o Industrial Estte - Nandial, Distt. Karnool (Andhra Pradesh) ^^ys^n HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIQNBENCH: HON'BLE MR. I.M.CHJDDUSI & HON'BLEMR. G. MINHAJUDDIN. JJ. Apoellant Non-applicant No.3 Respondents Applicants M.A. fcl No.430/2007 The Nationai Insurance Co. Ltd. Vs Ras Behra and othere Present: Mr. Dashrath Gupta, counsel for the appellant/insurance company. Mr. Sourabh Sharma, counsel for respondents No. 1 to 1f. ORDER (Orall (28lhJune,2011) Per I.M. Quddusi. J; 1. This appeal has been filed by the appellant- The National Insurance Company Ltd. challenging the quantum part of the impugned award dated 29.12.2006 passed by the Motor Accident Claims Tribunal (in short "the TribunaF) in Claim Case No. 11/2006. 2. Cress objection has also been filed on behalf of the claimants. 3. The appellant was granted permission under Section 170 of ttie Motor Vehicles Act. 4. Brief facts of the case, as per claim petition, are that deceased Brajkishore Behra, aged 20 years, was a fish seller and thereby earning Rs.5,(XX)/- per month. On the fatefut day i.e. 29lh January, 2005 at about 6 pm while the deceased was going by his left side on the road, he was run over by Truck No. AP 21 U/2318, which was being driven by its drh/er D. Damodar Reckly in a rash and negligent manner, and as a result, Brajkishore died on the spot. 5. Learned counset for the appellanVinsurance company submtts that z^e of the deceased was 20 years at the time of accMent and he was bachelor. The Tribunal has committed a manifest error of law in calculating the loss of dependency, taking into consideration the age of the deceased instead average age of the parents. Furth^^^^' ,(„,.;i^"^ <'*.' /y~"' % tS '•.ifSSf&h ^ ^ '"aas'3(i:|^ S ^ ff -A-.. ^sa-"''1' ,'y z- ^ for personal and living expenses, only 1/3 has been deducted instead of %. 6. Learned counsel for the respondents/cross-objector submtts that the deceased was a seller of fish and was eaming approximately Rs.200/- per day, which comes to Rs.6,000/- per month. The Tribunal has assessed the monthly income of the deceased as Rs.3,000/-, which is just hatf of his monthly income. 7. The claimants have also produced AW-3 Sukhdev Nagwanshi, who is a fish seller by profession. The deceased was also selling feh, adjoining to his place. 8. In these circumstances, it would be appropriate to assess the income of the deceased at Rs. AflOOf- per month and as such, the annual income of the deceased would be Rs.48,000/-. After deducting 50% from it, the remainder comes to Rs.24,000/-. The average age of the parents is 48 years and therefore, according to the law laid down in Saria Verma (Smt) Vs. Delhl Trwispwt Coiporation and anotfter, reported in f2009^ 6 SCC 121, the multiplier of 13 would be appticable. Thus, after applying this multiplier, the total loss of dependency comes to Rs.3,12.000/-. this, there are six claimants. The parents have lost their young boy of 20 years, therefore, they are entitled to get Rs.10,000/- each for loss of love and affection. The remaining claimants, who are brothers of the deceased, i.e. applicants No. 1 (c) to 1 (f), would be entitled to get Rs.5,0(X)/- each for loss of love aral affection. For loss of estate also, the claimants are entitled to get Rs.10,000/- and for funeral expenses, Rs.5,000/-. Therefore, the total amount of compensation comes to Rs.3,67,000/-. Howewr, the Tribunal has awarded total compensation of Rs.3,96,000/-, wrtiich is excessive. 9. Besides this, the claimants woutd be entitled to get simple interest @ 7.5% per annum, as ewvarded by the Tribunal from the date of filing ofthe claim petition Ull its payment is made. 10.0ut of the amount of compensation, Rs. 3,00,000/- wouU be deposited as fixed depreit in a nationatized bank in thejoint name of parents (applteiants No. 1(a) Ras Behra and 1(b) Smt. Kanti !a!y ;; -2 a- Behra) for a period of five years. The other claimants vwuld be entitled to get Rs.20,000/- each and remaining amount (indusive of interest) shall be paid in cash to the parents of the deceased. The conditions mentioned in para - 21(4) of the impugned award shall remain intact. 11. No order as to costs. 12. Certified copy as per rules. ~~ ~~—~-— 'SA'- I.M.Quddusi Judge G.Minhajjudin Judge Khan/-