^ BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH BILASPUR M.A.faNo. ^1^/2008 Ojvision Bencft APPELLANT DEFENDANTNO.l YERSU8 RESPONDENT N0.1 CLAI^IANTNO.l z. RESPONDENT N0.2. 2. CLAIMANTN0.2 ^2- ^ RESPOXDENT N0.3 ^-3. ,, CLAfJ^ANT N0.3 ^" ~ / ; - ' ^ RESPONDENTN0.4 ^,/ ^MANTNO.4 ^ .^•s^r ^•"-^r ^&""" Oriental Insurance CQmpany Limited, Raipur, through the Divisional Manager, Divisional Office, Korba Distt. Korba (CG) Smt. PratibhaJanoriya, widow of Late Suhas Janoriya, aged about 42 years, occupation - Teacher (Ad-hoc Teacher) HoIIy cross Schpol Ambikapyr. Aakash Janoriya, aged aboyt 16 years, son of Late Suhas Janoriya, minor, occupation student, CIass XII, Central Schpol - Ambikapyr. Ky, Hynny, dayghter pf Late Suhas Janbriya, aged about 15 years, minor, occupation student - Class XI,Holly Cross Convent Schpol Ambikapyr. Parth Janoriya, aged aboyt 9 years, minor son of Late Suhas Janoriya Respondents Np. 2, 3 & 4 are minors, through their natural guardian ~ mother / Respondent No.l Smt. Pratibha Janoriya, widow pf Late Syhas Janoriya, ^^ 1i:":ll^.;i, ^' .-\. ^ RESPONDENT N0.5 5 DE&ENDANT N0.2 ^ ;^ RESPONDENTN0.6 6,. DEPENDANT N0.3 ^ ^ RESPONDENT N0.7 DBFENDANT N0.4 7~ ^. REgPONDENT N0.8 8. ^ QEFENDANT N0.5 ^^ J • All are resident of - Mohalla - Rajendra Nagar/ P.S. Gandhi Nagar, Tah. Ambikapur, District Sarguja (C.G.) Markandey Sharma aged aboyt 41 years, son of Shri Gaurishankar Sharma, occupation ~ Vehicle Owner, tryck Np. C.G. 04 G 8341, R/o, Nagar Ring Road No.2, Gondwara, Raipur, P.S. Khamtarai, Tahsil Raipur, Distt. Raipyr (C.G.) Shiv Kymar Prasad son of Rajendra Prasad, aged about 30 years, occupation Driver, resident o>fvillage Chhimanpura, P.S, Baikynthpyr, Distt, Gopalganj (Bihar)/ presently resident of C/o- House of Markandey Sharma, Ring Road No,2, Gpndwara, Raipyr, P.S. Khamtarai, Tahsil Raipur, Distt. Sarguja (C.G.) Smt Syshma Gypta, widpw of Late Nageshwar Gupta, aged about 40 years, vehicle owner C.G. 15B/1932, R/o. Sadar Road, Ambikapyr,Distt. Sargyja (C.G.) The New India Insurance Company through the Manager, New India Insyrance Cpmpany Bilaspur (C.G.) •A ^ MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLEACT. 1988 \\ ^. \ HI6H COURT OF CHHATTIS^RH /^T BIL^SPUR DIVISION BENCH: HON'BLE MR. I.M.QU&DUSI & HON'BLE MR.6UL<4M MINH^JUDDIN. JJ ApP@UQ?t Respondents M.A. [cl No.1274/2008 The Oriental Insurance Co. Ltd. Vs Smt, Pratibha Singh & others Present; AAr. A. Beck, Advocate for the appellant. Mr. S. Agarwal, Advocate for respondent No<l to 4. Mr. AAaiay Kumar Bhaduri, Advocate for respondent No.5, Mr. A. Kumar, Advocate appears on behalf of Mr. Deepak <yupta, Advocate for respondent No.8 ORDERrOraD (14th November. 2011) I.M. Quddusi. J; 1. Heard. 2. The appellant-Insurance Company, has filed this appecl against the award dated 29.11.2007 passed by the learned 2nd Additional Motor Accident Cbims Tribunal, Ambikapur (for short 'the Claims Tribunal') in Cbim Case No.50/2007 thereby partly allowing opplication of the claimants, awarding compensation and fastening liability on the appelbnt herein. 3. Respondent Nos.l to 4 have also filed cross-objection for enhancement of the compensation. 4. Brief facts of the case are that the claimants, who are widow and chiidren of the deceased, have filed a claim applicQtion under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act, 1988') before the Claims Tribunal seeki'ng compensation to the tune of Rs<14,25,000/- for the death of deceased Suhas Janeria, who died due to injuries sustained by him in a motor accident, which took pbce on 4.1.2007, when "Hie AAaruti Van bearing registration number CG15/Q/1932, in which the deceased was traveling as passenger, was dashed by offending truck bearing registration number CG04-G-6341, being driven in a rash and negligent manner by its driver. The claimants, who are widow & children of the deceased, have claimed, compensation on the ground that they were dependent on the deceased, who was the sole earning member in the family, and due to his death, they have suffered loss of income. 5. The Claims Tribunat, after hearing the parties in the matter, allowed the cbim application in part, awarded a sum of fts.5,43,500/- abng with interest © 6% p.a. and held the appellant herein responsible to satisfy the award. 6. We have heard learned counsel for the parties and perused the impugned award as also the record of the Claims Tribunal. 7. Learned counsel for the respondent Nos.l to 4 has submitted that contributory negligence at the ratio of 50:50 has wrongty been assessed by the Claims Tribunal, but on perusal of the record we found that right side highlight of the truck was on and thus it coinnot be said that there was any contributory negligence on the part of the driver of Maruti Van. Therefore, the contributory negligence at the ratio of 50:50 has rightly been assessed by the Claims Tribunal ond thecross-objection filed by the respondents No.l to 4 is liable to be dismissed. 8. Learned counsel for the appelbnt-Insurance Company has submitted that there was no proof of income of the deceased, but on perusal of the records, we found that the deceased was working as Salesman/Agent for two different tractor companies and was earning Rs,15,000/- as commission on the sale of each tractor from one company and fts.10,000/- from another company. The Claims Tribunal, without there being any documentary proof like income tax return etc., merely on the affidavits submitted by the dealers of tractor companies wherein it has been mentioned that the deceased was contributing sale of one or two tractors in a month in each compony, has assessed monthly income of the deceased GS Ks,10,000/-, which is not proper, and therefore, we propose to assess monthly income of the deceased at fts.9,000/-. Further, standard deduction made by the Claims Tribunal towards personal and living expenses of the decea^d is also not according to the judgment of Hon'ble Supreme Court in the matter of Sorla Vermci (Smt.) and others Vs. 1. "^?^- ,- ^—%^ ^^^^"^> -, 1-1 I 'iij£%i 1 ^xyi Delhi Transporl- Corporation & another reported in (2009) 6 SCC 121. wherein it has been held that in a case where claimants are four in numbers, 1/4 will be deducted towar-ds personal and livin9 expenditure of the deceosed. 9. Accordingly, we asses Ks.9000/- as monthly income of the deceased and if we deduct l/4th from the annual income of the deceased i.e. Rs.1,08,000/- (9000x12), the total loss of income would come to fts.81000/- and after apptying multiplier of 13, as done by the Claims Tribunal, the total loss of dependency would come to Rs. 10,53,OOOA. Since we affirmed the finding of the Claims Tribunal regarding contributory negligence, the compensation has to be reduced by 50% and accordingly, the net compensation awardable to the cbimflints will be Rs.5,26,500/- (10,530,00/2). Besides this, the claimants are also entitled to get Rs.5,000/- towards loss of consortium, Rs.5,000/- towards loss of estate and fts.5,000/- towards funeral expenses. Thus, the total amount of compensation for which the cppellants would be entitled for is Rs.5,41,500/-. 10.In the result, the instant appeal is allowed in part and the impugned award is modified to the extent indicated above, that is to say, now the claimants shall be entitled to receive a sum of Rs.5,41,500/- as compensation along ^ with interest © 6% p.a. from the date of filing of application till actual l: compensation is paid. Rest of the conditions imposed by the Claims Tribunal shall remain intact. J.L_Cross-objection filed by the respondents No,l to 4 are hereby dismissed. Sd/- LM.Quddusi Judge Sd/- G.Minhajuddin Judge Roshan/-