^ CP^?"/ IN THE HON'BLE HIGH^QURTOf CHHATTISGARH o.3) ATBILASPUR M.A.fC) No ^ -2-b i 72008 ijvision Bencft The Oriental Insurance company Ltd. Main Road, Jagdalpur, Bastar (fc.Gl) District- s ^w ^ •^a y^t. -k^ ''. -y^" ^ <^y ^ s Sukumah S/o. Dhosal, aged about- 40 years, R/o. Kumharpara, Masora, ITahsil- Kondagaion,! District Bastar (C.G;.) Nirangu RamS/o. Karitaya Nlarkam, aged about- 30 years, R/o.- Schoolpara, Masora, Tahsil- Kondagaon, District- Bastar (Driver) Sanjiv Kumar Dua S/o. Virendrai Kuimar Dua, aged ab6ut4 40 years, R/o. Mai'n Raod, i, District- Bastar (C.G.) ISCELLANEOUS APPEAL U / S; '17 3 O F M OTO R •V HIGH COURT OF CHHATTISGARH, BILASPUR DB: HON'BLE I.M. QUDDUSI 8t HON'BLE N.K. AGARWAL, JJ M.A(C1 No. 926 of 2008 Vs. MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VBHICLES ACT, 1388 APPEARANCE: Mr. A. K. Afhaley, counsel for fhe appellaut. Noiie for the respondents despite service ofnotice. Per I.M. QUDDUSI, J, ORDER (ORALt (11.11.2010) \: 1. This appeal has been filed by fhe Insurance Coiupaay against ttie unpugned award dated 18.01.2008 passed by fhe Addl. Motor Accident Clauas Tnbuoal (F.T.C), Kondagaon, in Claim Case No.67/2007. 2. Brieffacts offhe case as per fhe version ofthe claiinaats are ' fhat on 31.12.2006 when respondent no.l was going to Kondagaon for getting laboiir payruent, one Truck bearia! Regn.No. C.G. 19/Z.C/0149 which was bemg driven at randoinspeed by its driver/respondent no.l Niraagu Ram dashed respondent no. 1 aad fhe wheel of fhe Truck raa over fhe-left leg of respondent no.l, as a result of which, he received serious iujuries and his left legwas badly daaascged. He was.iminediately adiuitted ia R.N.T. Hospital, Kondagaon. Later QU, he was shifted to Maharaai Hospital aud ultunately fe~- APPELLANT The Oriental Insurance Co. Ltd. RESPONDEN're Sukumaa and ofhers ^^N;^^^®^%$^^^^^^S^I^^^^^I^I;^^;§^S; ^^^ ?.'^.^s^-:i^^:^-.^l"-^:^^^^s?-;^. ^ss^&.v':' 5. 6. '^. • \: he was adiiutted in M.P.M. Hospital, Jagdalpur, where tus left leg below tbe knee was amputated. Respondent no.l has inade claim to the tuae ofRs.26,85,000/- on different heads. The learaed Tribunal has held that the claunant was eammg Rs.100/- per day by doiug labour works and ia a calendar ruonth, he was eaming for 26 days. Therefore, fhe inonthly incoine was calculated as Rs.2600/- and fhe aanual iucoine as Rs.31,200/-. The Tribunal has adopted niultiplier of 16 foUowing the 2nd scbedule of Motor Vehicles Act aad by nuultiplyiag the annual iacoiue of Rs.31,200 wifh luultipUer 16, fhe total uicouie was assessed as Rs.4,99,200/- aad 65% ofthe said amouiit is assessed as total loss ofeammg fb.at is Rs.3,24,480/- which the claimant is entitled as coinpensation. Besides ttds, the Tribunal has also awarded Rs.34,325/- towards medical expenses, Rs.10,000/- for travelmg expenses, Rs.15,000/- for inental paiu. Thus the Tribunal has graated total coiapensation ofRs.3,83,805/-. Shri A. K. Afhaley, leamed counsel for fhe AppeUant submits fhat the Tribunal has adopted the uiultiplier 16 which is on h^her side. We are of fhe opinion fhat inultiplier 16 seeins to be higher side aud it shoidd have 15 iustead of 16. Therefore, we aUow this appeal ia part aad niodify the unpugned award only by applying multipUer 15 as under : . The amiual incoiue of the deceased as assessed by the Tribuiial is Rs.31,200/-. Ifit is iniiltiplied by the multipUer 15 instead of 16, the total incoiue coines to Rs.4,68,000/- and 65% 01'tlie said ainouat is Rs.3,04,200/- which will be \ fhe total loss of eaming. Besides this, ifwe add Rs.34,325/ - towards inedical expenses, Rs.10,000/- for traveling expenses, Rs.15,000/- for niental pain as awarded by the Tribunal, the total coiapensation coines to Rs.3,63,525/-. Accordiagly, tfie coinpensation is reduced to Rs.3,63,525/-. Rest ofthe award offhe Tribunal shall reniain unchangcd. SA'- I.M.Quddu" Judge 'Sd/- ^.KAgarv Judge 1 -. •~v