Nafr High Court
Case Details
1 SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.04.09 16:03:54 +0530 2025:CGHC:16481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1094 of 2017 1. Ram Kumar Sahu S/o Shri Bisarjan Sahu, Aged About 51 Years, R/o Strore Para Puraina Bhilai, Police Station Bhilai- 3, Tahsil Patan, District Durg Chhattisgarh. 2. Smt. Durpati Sahu W/o Ram Kumar Sahu, Aged About 50 Years, R/o Strore Para Puraina Bhilai, Police Station Bhilai- 3, Tahsil Patan, District Durg Chhattisgarh. 3. Yashoda Sahu D/o Shri Ram Kumar Sahu, Aged About 32 Years, W/o Shashikant Sahu, R/o Ward No. 190, Bhilai-3, Police Station Bhilai-3, Tahsil Patan, District Durg Chhattisgarh.
Legal Reasoning
4. Smt. Sangita Sahu D/o Shri Ram Kumar Sahu, Aged About 35 Years, W/o Dhal Singh Sahu, R/o Subhash Nagar Near Sahu Kirana Stores, Nandini Road, Bhilai, Police Station Chhawani, Tahsil And District Durg Chhattisgarh. ... Appellants/Claimants versus 1. Salauddin S/o Shri Allahdar, Aged About 61 Years, R/o Village Sukrouli, Police Station Rakerade, District Gonda, Uttar Pradesh, Present Address: Through Rahul Road Career Shreya Complex Ring Road No. 2, Tatibandh Raipur, Tahsil And District Raipur Chhattisgarh. (Driver Of Alleged Vehicle Trailer Bearing Registration No. C. G. 04-D U – 7905). 2. Sunil Kumar Verma, S/o Mahavir Prasad Verma, R/o Office, Through Rahul Road Career Shreya Complex Ring 2 Road, No. 2, Tatibandh Raipur, Tahsil And District Raipur Chhattisgarh (Owner Of Alleged Vehicle Trailer Bearing Registration No. C. G. 04-D U – 7905). 3. The New Insurance Company Limited, Registered And Head Office New India East Building 87, M. G. Fort Mumbai 400001 Through Divisional Manager, Divisional Office, First Floor, Chouhan, State, G. R. Road Supela, Bhilai, Tahsil And District Durg Chhattisgarh. )Insurer Of Alleged Vehicle Trailer Bearing Registration No. C. G. 04- D U – 7905). ... Respondents For Appellants/Claimants : Mr. S.P. Sahu, Advocate on behalf of Mr. C.R. Sahu, Advocate. For Respondents : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (08.04.2025) 1. This appeal arises out of the impugned award dated 28.11.2016 passed by the Third Additional Motor Accident Claims Tribunal, Durg, District-Durg (C.G.) in Claim Case No. 11/2016 awarding a compensation of Rs. 5,99,000/- with interest @ 6% per annum from the date of application till its realisation, in favour of the appellants/claimants for their irreparable loss. 2. The averment in the claim petition, in brief, is that on 21.11.2015 at about 10.00 pm, when Suraj Kumar Sahu (now deceased) went for a walk after dinner and was walking towards the old bus stand power house Bhilai. While walking, an offending vehicle Trailer bearing 3 registration No. CG-04-DU-7905, driven by respondent No. 1 in a rash and negligently manner and hit the Suraj Kumar Sahu, due to which he suffered grievous injuries and died on the spot. After that, a report was lodged based on the above stated offence. It is stated that on the date of the incident, the age of the deceased was 20 years who was working as contract labourer under Bhilai Steel Plan (BSP) and was earning Rs. 3,250/- per month from his work. Due to the casual death of the son/brother of the appellants/claimants, there is an irreparable loss to the appellants. Therefore, the appellants preferred an application to claim a total compensation of Rs. 12,27,000/- for their irreparable loss. 3. The learned Claims Tribunal based on the pleadings of the parties, framed issues and, after appreciation of evidence and material available on record, the income of the deceased was taken as Rs.3,000/- per month in absence of appropriate proof. Learned Tribunal found that claimants are mother, father and sisters of the deceased, so deduction towards personal and caring expenses would be 1/2, and after applying a multiplier of 18, the total loss of dependency works out to Rs. 3,24,000/- and Rs. 2,75,000/- has been awarding on other heads. Thus, total compensation of Rs. 5,99,000/- with interest @ 6% per annum, in favour of the appellants/claimants. Hence, this appeal for enhancement. 4. Learned counsel for the appellants/claimants submits that the claimants have pleaded the income of the deceased as Rs.3,250/- per month but the learned Claims Tribunal has only assessed notional income as Rs. 3000/- per month which is on the lower side. Learned counsel for appellants also submits that the tribunal has not computed future 4 prospect which should be computed as 40% and he also submits that the Tribunal has awarded lesser compensation under other heads which also needs to be enhanced suitably. Therefore, this appeal may be allowed. 5. None appears on behalf of the respondents. 6. Heard counsel for the appellants and perused the documents available on record. 7. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals 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. 8. Now this Court shall examine as to whether the compensation of Rs.5,99,000/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. As regards income of the deceased, the claimants themselves have pleaded in their claim application that the deceased was earning Rs.3,250/- per month from the work of contract labourer in BSP and the claim application has been filed under Section 163-A of the MV Act, therefore, considering the nature of work, it is appropriate to assess the income of deceased as Rs. 3,250/- per month. The annual income of the deceased comes to Rs. 39,000/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 40% towards future prospects i.e. Rs. 15,600/-, the annual income of the deceased comes to Rs. 54,600/-. 10.The deceased was aged about 20 years and was unmarried and the claimants are the mother, father and sisters of the deceased so deduction towards personal and caring 5 expenses would be 1/2, as has rightly held by the Tribunal, the annual dependency comes to Rs. 27,300/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 considering the age of the deceased, after applying multiplier of 18, as has rightly held by the Claims Tribunal, the total loss of dependency works out to Rs.4,91,400/-. The claimants are further entitled for loss of estate Rs. 15,000/-, for funeral expenses Rs. 15,000/- and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for loss of love and affection Rs. 40,000/- each i.e. Rs.1,60,000/-. Therefore, the claimants would become entitled for total compensation of Rs. 6,81,400/-. Thus, the claimants are entitled for compensation in the following manner:- S.No. Heads Calculation 01 Compensation towards Rs. 4,91,400/- dependency 02 03 Towards loss of estate Rs. 15,000/- Towards Love and affection to Rs. 1,60,000/- all the two claimants @ Rs. 40,000/- 04 Funeral Expenses Rs. 15,000/- Total compensation Rs. 6,81,400/- Awarded 11. Thus, the total compensation is recomputed as Rs. 6,81,400/-. After deducting Rs.5,99,000/- as awarded by the tribunal, the enhancement would be Rs. 82,400/-. 6 12.
Decision
In the result, the appeal is partly allowed. The claimants shall be entitled to Rs. 82,400/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. It is made clear that the remaining amount of award shall be paid by the insurance company. 13. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.