Balod, Chhattisgarh v. 1 - Mohit Kumar Yadav
Case Details
1 A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2025:CGHC:18333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 160 of 2019 1 - Ghanshyam Sahu S/o Ramji Sahu Aged About 38 Years R/o Village Karatutola, Post And Police Station Manchuwa, Tahsil Doundilohara, District Balod Chhattisgarh., District : Balod, Chhattisgarh 2 - Smt. Champa Bai W/o Ghanshyam Sahu Aged About 36 Years R/o Village Karatutola, Post And Police Station Manchuwa, Tahsil Doundilohara, District Balod Chhattisgarh. (Claimant), District : Balod, Chhattisgarh ... Appellants versus 1 - Mohit Kumar Yadav (Died) through Legal Representatives 1.1 - (A). Bharat Singh Yadav S/o Ujiyar Singh Yadav R/o Village Semarbandha, Police Station Aundhi, Tahsil Manpur, District Rajnandgaon Chhattisgarh..
Legal Reasoning
1.2 - (B). Smt. Janobai W/o Bharat Singh Yadav R/o Village Semarbandha, Police Station Aundhi, Tahsil Manpur, District Rajnandgaon Chhattisgarh.. 2 2 - Efco Tokiyo General Insurance Company Ltd. through Branch Manager at G.E. Road, South Gangotri, Supela Bhilai, Tahsil and District Durg Chhattisgarh. ... Respondents For the appellants : Mr. S.P. Sahu, Advocate, on behalf of Mr. C.R. Sahu, Advocate For Respondent no.1 : None For respondent no.3 : Mr. Shrejal Gupta, on behalf of Mr. Vaibhav Shukla, Advocate. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Judgment on Board 23/04/2025 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed challenging the award dated 15.05.2018 passed by the learned 1st Additional Motor Accident Claims Tribunal, Balod, District Balod, Chhattisgarh, in Claim Case No. 25/2017. 2. As per the pleadings of the claim application filed under Section 166 of the MV Act, the claimants are the parents of deceased Mohit Kumar Sahu. On 18.02.2017 at about 12.20 pm deceased Mohit Sahu was returning to his residence at Rajnandgaon from village Pendri along-with his friend Mohit Kumar Yadav who was driving the Pulsor motorcycle bearing Regn.No. CG-08-AA/3040 wherein deceased Mohit Sahu was pillion rider. As soon as they reached near the highway road bypass, Pendri, the driver of the said vehicle, Mohit Kumar Yadav by driving his vehicle in rash and negligent manner caused the accident, in 3 which, Mohit Sahu who was sitting behind, got injuries and died on the spot. The said vehicle was owned by respondent no.1 Mohit Yadav and insured with respondent no.2/ Insurance company. The claimants being legal heirs of deceased filed claim application u/s 166 of MVA seeking a total compensation of Rs.38,49,000/- on various heads. 3. The learned claims Tribunal on appraisal of the evidence brought on record and the pleadings made in application, took the monthly income of deceased as Rs.6000/- per month i.e., 72,000/- per annum, deducted one-half towards personal expenses and applied multiplier of 18 and thus computed the total dependency to be Rs. 6,48,000/-. In addition, Rs. 1,25,000/- has been granted on other heads. Thus a total compensation of Rs. 7,73,000/- has been awarded in favour of the appellants with interest @ 6 % per annum from the date of application till its realization. 4. The submission of learned counsel for the appellants is that the compensation awarded by the Tribunal is on the lower side as the tribunal has not added future prospects to the income of deceased for determining the just compensation, therefore, he prays that the awarded amount may be enhanced suitably. 5. Learned counsel for respondent no.2 supports the award and submits that looking to the facts and circumstances of the case, the Tribunal has granted just compensation which needs no interference. 6. Heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 7. Now this Court shall examine as to whether the compensation of 4 awarded by the tribunal is just and proper compensation in the given facts and circumstances of the case. 8. As regards the income of deceased, the claimants have pleaded that the deceased was earning Rs.6000/- per month by conducting tuition. Therefore, the Tribunal took the income of deceased as Rs.6000/- per month but keeping in mind the nature of occupation, date of accident, minimum wage rate structure prevailing on the date of accident and other relevant factors such as price index and cost of living etc, I find it appropriate to take income of deceased as Rs 6206/- as per the Chhattisgarh Minimum Wages prevalent on the date of accident. Thus, the annual income comes to Rs. 74,472/- (Rs.6206 x 12). So far as future prospects is concerned, as per the National Insurance Company Ltd., Vs. Pranay Sethi (2017) 16 SCC 680, considering the deceased was aged about 18 years, after adding 40% towards future prospects i.e.,29,789/-, the annual income would come to Rs.1,04,261/-. 9. The deceased was unmarried and the claimants are parents of the deceased so the deduction towards personal expenses would be on-half and after deducting personal expenses, the net annual income would come to Rs.52,131/-. In view of the decision of the Hon’ble Suprme Court in Sarla Verma (Smt) Vs. Delhi Transport Corporation (2009) 6 SCC l2l considering the age of deceased, multiplier 18 is applied and thus the total loss of dependency is worked out to Rs.9,38,358/-. Under the other heads, the claimants are entitled to get Rs.15,000/- for loss of estate, Rs.15,000/- for funeral expenses 5 and as per Magma General Insurance Co. Ltd. Vs. Nanu, AIR Online 2018 SC, each claimant is entitled to get Rs.40,000/- for loss of love and affection. In this case, there are two claimants, therefore, the claimants would become entitled for a total compensation of Rs.10,48,358/-. In view of the above discussion, this this Court is recomputing the compensation as follows : 1. 2. 3. 4. Total loss of dependency Loss of estate Loss of (Rs.40000 x 2) Love and affection Funeral expenses Total Rs. 9,38,358/- Rs. 15,000/- Rs. 80,000/- Rs. 15,000/- Rs.10,48,358/-. 10. Hence the total compensation is recalculated to Rs.10,48,358/- from which after deduction of Rs. 7,73,000/- as awarded by the Tribunal, the enhancement would be Rs.2,75,358/-. The claimants are entitled for enhanced amount of Rs. 2,75,358/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount shall carry interest @ 6% per annum from the date of enhancement of the award till its realisation. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 11.
Decision
In the result, the appeal is partly allowed. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 12. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the amount 6 awarded by the Tribunal. The said communication be made in Hindi Deonagri language and the help of para-legal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area where the claimants reside. Sd/- Sanjay Kumar Jaiswal Judge Rao