-^t BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH ATBILASPUR M.A.fc)No.1(o^/2oo8 Dlvisisn 4 ABPELLANT ^EFENDANTN0.3 ,^/h... ^^^ ..'.••\'° ^wy ~^"" -\^' RESPONDENTNQJ ^ AIMANT N0. 1 ^). IFFCO- TOKIO GENERAL INSURANCE COMPANY LIMITED, 34 Nerhru Place, New Delhi -110019 through the Branch Manager, Iffco- ^ 'F Tokio General Insurance Co.Ltd, 11 3rd Floor 345-347, Lalganga Shopping Mal, G.E Road Raipur (CG) VERSUS Smt. Rajkumari Widow of late Bhagwan Yadav, Aged about 30 years. R^SPONDENT N0.2 CLAIMANT N0. 2 ^"2: Anil KumarYadav, son of late Bhagwan Yadav, Aged about 14 years (Minor) ^" RESPONDENT N0.3 CLAIMANT N0. 3 Pradeep Kumar Yadav, son of late Bhagwan Yadav,Aged about 11 years (Minor) RESPONDENT N0.4 -tLAIMANT N0. 4 4. ^" Ranjit Kumar Yadav, son of late Bhagwan Yadav, Aged about 04 years (Minor) RESPONDENT N0.5 CLAIMANT N0. 5 > Respondent no. 2, 3 and 4 minor, represented through guardian mother - respondent no.1. Ramprit Yadav, S/o Late Diwan Yadav Aged about 65 years RESPONDENT N0.6 ©LAIMANTN0. 6 > Smt. Samundri Devi, Wife ofRamprit Yadav, Aged about 60 years All resident of Rajiv Nagar , Supeta, Near-Sulabh Sauchalay, Supela - Bhlai District-Durg(C.G-) ^ RESPONDENT N0.7 'DEFFENDENTN0.1 RESPONDENT N0.8 DEFFENDEN No. 2 / 7. Shashi Bhaghel S/o Sukhdev Baghel ^ ,Aged about 28 years, Resident - Near Maharana Pratap Bhawan, Jhopda, Sector-6, Bhilai, Tehsil & District - Durg(C.G.) (Driver- Turbo Jeep No. C.G. 07/7680) f—8. Ramesh Bhai S/0 Balbhadra Bhoi ^ Resident- llnd Floor Dhillon Complex , Supela, Bhilai Tehsil & District - Durg(C.G.) (Owner-TurboJeep No. C.G. 07/7680) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE IVIOTOR VEHICLE ACT, 1988 HIGH COURT OF CHHATTISGARH : BILASPUR M.A. faNo. 1629 of 2008 Appellant Iffco Tokio General Insurance Company Limited Versus Respondents Smt. Rajkumari & others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi 8s Hontle Shri G. Minhajuddin, JJ Shri Vikrant Singh, Advocate for the appellant. Shri Amiyakant Tiwari, Advocate for the respondents No. 1 to 6. None for the respondents No. 7 and 8. ORDER (Oral) ( Passed on this 1 1th day of May, 2011 ) Per I. M. Quddusi, J. This appeal has been filed by the appellant/Insurance Company on the ground of quantum against the impugned award dated 29.8.2008, passed by the Seventh Additional Motor Accident Claims Tribunal (FTC), Durg in Claim Case No. 54/2007, awarding a sum of Rs. 9,19,500/- to the claimants along with interest. The appellant was granted 4)ermission under Section 170 of the Motor Vehicles Act, 1988. We have heard learned counsel appearing for the parties and perused the lower Court record as well as the findings given in the impugned award. Brief facts, in nutshell, are that in the accident occurred on 27.10.2005 by the Turbo Jeep, bearing registration No. C.G. 07/7680 Bhagwan Yadav died on the spot. The claimants, being widow, three sons and parents i.e. father and mother of the deceased, filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 47,18,OOO/- under various heads. 40 ^f^ ""^sstsy Learned Claims Tribunal, having regard to the facts situation and evidence on record assessed the daily income of the deceased as Rs. 250/- and monthly income as Rs. 7500/-. After deducting l/3rd of the income towards personal and living expenses the yearly dependency was assessed as Rs. 60,000/- and applying the multiplier of 15, it awarded a sum of Rs. 9,00,000/- as compensation. Further, under the conventional heads, the Tribunal awarded Rs. 2000/- towards funeral expenses, Rs. 5000/- for loss of consortium, Rs. 6000/- for loss of love and affection to claimants No. 2 to 4/children 85 Rs. 4000/- to the claimants No. 5 and 6/parents and Rs. 2,500/- towards loss of estate. Thus, the Claims Tribunal has awarded a total sum of Rs. 9,19,500/- as compensation along with 6% interest per annum. It was also directed if the amount of compensation is not deposited within two months; the same shall carry the penal interest at the rate of 8% per annum. For assessing the loss of dependency we have perused the papers and the evidence on record. It has come in evidence that the deceased was engaged in dairy business and was having buffalos acid cows and was selling about 70 liters of milk per day at the rate of Rs. 14/- per liter. After making payments to ser^ants, spending on diet of animals and incurring other expenses, the home taking income of the deceased was about Rs. 425/-. Having regard to the facts situation and the evidence on record, we are of the opinion that for assessing the loss of dependency, the monthly income of the deceased can be taken looking to the situation that in absence of the deceased the dependents might be required to engage a servant for running the dairy business. In view of the above, we assess the monthly income of the deceased as Rs. 3500/- and yearly income as Rs. 42,000/- and having regard to the number of dependents i.e. 6 and age of the deceasedas 32 years, and guided by the law laid down by Hon'ble Supreme Court in the case of Sarla Verma (Smt) and others Vs. Delhi Transport Corporation and another1 we are of the opinion that after deducting l/5th towards personal and living expenses and applying multiplier of 16 the total loss of dependency comes (2009)68cc 121 m^ v'yy '^a^^-;' ^ to Rs. 5,37,600/- ( Rs. 33,600/- x 16). In addition to that,.under the conventional heads we award Rs. 5000/- to each of the claimants towards loss of consortium and love & affection (total Rs. 30,000/), Rs. 5000/- towards funeral expenses and Rs. 5000/- towards loss of estate, the total of which comes to Rs. 40,000/-. Thus, we modify the impugned award and reduce the amount of compensation to the above extend and hold that the claimants are entitled to a total sum of Rs. 5,77,600/- as compensation along with simple interest at the rate of 6% per annum from the date of application. The portion of the award, granting penal interest @ 8% p.a. in default of payment of compensation within two months, is set aside. 8. It is directed that out of the total amount of compensation (principal + interest) Rs. 1,50,000/- shall be deposited in the name of claimant No.l for a term of five years, Rs. 1,00,000/- each i.e. 3,00,000/- shall be deposited in the names of claimants No. 2, 3 854 fora term of 10 years and Rs. 75,000/- each i.e. 1,50,000/- shall be deposited in the names ofclaimants No. 5 and 6 for a period of five years, in any nationalized bank. Further, the claimants No. 5 and 6 would be entitled to get Rs. 75,000/- each i.e. Rs. 1,50,000/- in cash and the claimant No.l shall be entitled to get rest of the amount in cash. 9. In the result the appeal is allowed. The impugned award dated 29th August, 2008 is modified and the amount of compensation is reduced to the above extent. No order as to costs. 10. If the amourit awarded by the Tribunal has been paid it will be open for the Insurance Company to recover back the difference of amount from the claimants. Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge Thakur