c-f .r IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.1 MISC. APPEAL fCI. N0. 12> l? a720Q9 MW^ BSS £^ t •*-* • APPELLANTS (Claimants) RESPONDENTS \ ^? .,y ,...-; g.<l^ ,..••••^•^'7 ^' ^•^ ,.-•' <lip \.y -^\Ay' ..-^ A* 1. Arvind Singh S/o. Ratan Singh Virdi, aged about 45 years, 2. Smt. Asha Virdi W/o. Arvind Singh Viurdi, aged about 43 years, Both R/o. Vijaypur, Diwanmuda, Post Boirdadar, District Raigarh (C.G.) VERSUS Mafiik Rao Koche, S/o. Ramji Koche, aged aboufr 50 years, R/o. Nayapara, Durg, District Durg (C.G.) (Driver) Saiyad Sahid Ali, S/o. Saiyad Rajjak Ali, aged about 38 years, R/o. Gandhi Nagar, Diprapara, Durg (C.G.) (Owner) The New India Insurance Co. Ltd., Through Branch Manager, Office New India Insurance Co. Ltd., Parakh Bhawan, Station Road, Durg, District Durg (C.G.) (Insurer) MEMO OF APPEAL UNDER SECTION 1730F THE MOTOR VEHICLE ACT. 1988 FOR ENHANCEMENT OF AWARD l\ ./ a^^^'3"'® s'3^ SSSSSip^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (Cl No. 352 of 2009 \"^ Appellants Claimants Respondents 1. Arvind Singh,S/o Ratan Singh Virdi, aged about 45 years. 2. Smt. Asha Virdi, W/o Arvind Singh Virdi, aged about 43 years Both R/o Vijaypur, Diwanmuda, Post Boirdadar, District Raigarh (C.G.). VERSUS 1. Manik Rao Koche, S/o Ramji Koche, aged about 50 years, R/o Nayapara, Durg, District Durg (C.G). (Driver) '. Saiyad Sahid Ali, S/o Saiyad Rajjak Ali, aged about 38 years, R/o Gandhi Nagar, Diprapara, Durg (C.G.). (Owner) i. The New India Insurance Co.Ltd., Through Branch Manager, Office New India Insurance Co. Ltd., Parakh Bhawan, Station Road, Durg, District Durg (C.G.). (Insurer) IVIemo of appeal under Section 173 of IVIotor Vehicle Act Present: Shri Vishnu Koshta, counsel for the appellants. Shri Shivendu Pandya, counsel for respondent No.3. ORDER •th (25"'August,2011) n ^^•'^.Jvy^ ^ '"^sy MAC No. 352 of 2009 The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents of deceased Satyanarayan are the appellants before us in this appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 31.12.2008, passed in Claim Case No.38/2008. 2) As against the compensation of Rs.16,80,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Satyanarayan, by filing a claim petition under Section 166 ofthe Motor Vehictes Act, for his death in the motor accident on 07.03.2008, the Tribunal awarded a total sum of Rs.1,74.460/- as compensation along with interest @ 6% per annum from the date offiling of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimants' son Satyanarayan died on account of the injuries sustained by him in the motor accident on 07.03.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration Nos.C.G.-04/ZC/1667; as the above offending vehicle Truck on the date of the accident was insured with the New India Insurance Company Limited and the tnsurance Company could not establish any breach of the policy conditions,the Insurance Company was liable to pay compensation to the claimants. MAC No. 352 of 2009 L.s 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.2,000/- per month. By deducting 1/3rd of Rs.2,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.1,333/- per month and Rs.15,996/- per annum. By multiplying the annual dependency of Rs.15,996/- with the multiplier of 10, the compensation was worked out to Rs.1,59.960/-. By awarding further sum of Rs.14,500/- under other heads, the Tribunal awarded a total sum of Rs.1,74,460/- as compensation to the claimants for the death of their son Satyanarayan in the motor aecident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,74.460/- @ 6% per annum from the date of filing ofthe claim petition till the date ofactual payment. 6) Shri Vishnu Koshta, learned counsel for the appellants submitted that the Tribunal has erred in awarding low compensation of Rs.1,74,460/- only though the claimants' son deceased Satyanarayan would have extended great support to the daimants in their old age. 7) Shri Shivendu Pandya, learned counsel for respondent No.3, New India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award ,and contended that the compensation of Rs.1,74,460/- awarded MAC No. 352 of 2009 ^v ^y^ by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) In a motor accident claim case what is important is that the compensation to be awarded by the Couri:s/Tribunal should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation nor a bonanza. 9) Now, we shall examine as to whether the compensation of Rs.1,74.460/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) True, the claimants' son deceased Satyanarayan on the date of the accident was aged about 18 years and was studying in 12 standard. The claimants pleaded that their son Satyanarayan used to earn Rs. 1,500 - 2,000/- per month from tuition and the Tribunal has assessed the income of the deceased at Rs.2,000/- per month. The Tribunal while assessing the income of the decsased has not taken into consideration that after completing his education he would have secured a regular job for himself with a definite income of atleast Rs.3,000/- per month. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. 11) Considering that deceased Satyanarayan on the date of the accident was unmarried and the claimants are his parents, we deem it proper to deduct 50% of the income of the deceased towards his personal expenses in view of the dicta of the Apex •^. MAC No. 352 of 2009 ^ Court in the cases of Syed Basheer Ahamed and others Versus Mohammed Jameel and another reported in (2009) 2 Supreme Court Cases 225 and Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121. The claimants' dependency, therefore, is assessed at Rs.18,000/- per annum by deducting 50% of Rs.36,000/- towards the personal expenses ofthe deceased. 12) Considering that the claimants are parents of the deceased, multiplier of 10 selected by the Tribunal cannot be found fault with in view of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC-731, wherein it was held that in those cases where the claimants are parents of the deceased, the multiplier should never exceed 1 0. 13) By multiplying t.he annual dependency of Rs.18,000/- with the multiplier of 10, the compensation works out to Rs.1,80,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; and Rs.5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.1,90,000/- as compensation for the death of their son Safyanarayan in the motor accident. 14) Considering all the relevant aspects of the matter including the above-mentioned broad features of the case, we are of the opinion that further award of Rs.20,000/- inclusive of interest Qomponent on the enhanced amount of compensation would make the compensationof Rs.1,74,460/- awarded by the Tribunal "->i-3*»; MAC No. 352 of 2009 ^ ^' as just and proper compensation in the facts and circumstances of the present case. 15) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,74,460/- awarded by the Tribunal. 16) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 17) No order as to costs. ~— subbu Sd/- ChiefJusfice Sd/- Rangnath Chandrakar Judge