1. Smt. Fulwati Uparkar W/o Late Manoj Uparkar Aged About 32 Years R/o Near v. 1. Ajeet Gadhewal S/o Ramnarayan Gadhewal Aged About 26 Years R/o Omnagar, Jarhabhatha, Near
Case Details
1 SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.04.15 18:23:15 +0530 2025:CGHC:16961 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 274 of 2019 1. Smt. Fulwati Uparkar W/o Late Manoj Uparkar Aged About 32 Years R/o Near Satbahaniya Mandir , Devrikhurd, Bilaspur, Police Station- Torwa, Tahsil And District Bilaspur Chhattisgarh. --- Appellant versus 1. Ajeet Gadhewal S/o Ramnarayan Gadhewal Aged About 26 Years R/o Omnagar, Jarhabhatha, Near Shailendra Apartment, Civil Line, District Bilaspur Chhattisgarh. 2. Gurdeep Singh Kasturiya S/o Late Pratap Singh R/o In Front Of C I M S Hospital, Gondpara, Sadar Bazar, Bilaspur, Police Station City Kotwali, District Bilaspur Chhattisgarh. 3. The Branch Manager The New India Insurance Company Limited, Second Floor, Rama Trade Center, In Front Of Rajeev Plaza, Near Old Bus Stand, Tahsil And District Bilaspur Chhattisgarh. --- Respondents For Appellant
Legal Reasoning
: Mr.Vipin Singh, Advocate. For Respondent No. 3 : Ms. Shweta Bole, Advocate on For Respondents No. 1 & 2 : None. behalf of Mr. B.N. Nande, Advocate. MAC No. 412 of 2019 1. Kanta Bai W/o Banwari Lal Aged About 65 Years R/o Village Devari Khurd Thana Torwa District Bilaspur Chhattisgarh. 2 2. Banwari Lal S/o Late Bihari Lal Aged About 70 Years R/o Village Devari Khurd Thana Torwa District Bilaspur Chhattisgarh. ---Appellants Versus 1. Ajeet Gadhewal S/o Ramnarayan Gadhewal Aged About 26 Years R/o Om Nagar Jarhabhata Near Shailendra Apartment Thana Civil Line District Bilaspur Chhattisgarh.(Driver) 2. Gurdeep Singh Kasturiya S/o Late Pratap Singh Aged About 50 Years R/o In Front Of Cims Hospital Gond Para, Sadar Bazar Bilaspur Thana City Kotwali District Bilaspur Chhattisgarh.(Owner) 3. Branch Manager The New India Insurance Company Limited, Office 2nd Floor Rama Tred Center In Front Of Rajeev Plaza, Near Old Bus Stand Tahsil And District Bilaspur Chhattisgarh. 4. Smt. Fulwati @ Sonu W/o Late Manoj Uparkar Aged About 30 Years R/o Village Sarekha Near Kali Mandir District Balaghat Madhya Pradesh. Hall Mukam Smt. Fulwati @ Sonu W/o Late Manoj Uparkar Aged About 32 Years ,r/o Near Satbahaniya Mandir Devari Khurd Bilaspur Thana Torwa Tahsil Tahsil And District Bilaspur Chhattisgarh. --- Respondents For Appellants : Mr. A.L. Singroul, Advocate. For Respondents No.3 : Shweta Bole, Advocate on behalf of For other Respondents : None. Mr. B.N. Nande, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (11.04.2025) 1. Since both the appeals arise out of same judgment dated 17.12.2018, passed by the learned 08th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.), in Claim Case No. 3 332/2016 and 328/2016, they are being heard and disposed of by this common order. 2. The averment in the claim petition, in brief, is that on 01.05.2016 at about 1.00 Pm, while Manoj Uparkar (now deceased) was going to Tifra from Maharana Pratap Chowk Bilaspur on his motorcycle and when he reached near over bridge, an offending vehicle Bus bearing registration No. C.G.10/G/1134, driven by respondent No. 1 in a rash and negligently manner and dashed the motorcycle of the deceased from wrong side, due to which he suffered grievous injuries and was admitted in CIMS Hospital Bilaspur and during treatment he was died. 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 35 years who was working as salesman in Krishna & Company and was earning Rs.17,000/- per month from his work. Due to the casual death of the husband/son 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. 75,50,000/- for their irreparable loss. 3. The learned Claims Tribunal found that though the claimants have pleaded the income of the deceased as Rs. 17,000/- per month and produced the appointment letter of deceased vide Ex.P-7C, but Ex.P-7C is not a salary slip of the deceased but an appointment letter, therefore, after appreciation of evidence and material available on record, the income of the deceased was taken as Rs.6,120/- per month considering the deceased as unskilled labourer. Further, the age of the deceased was considered as 35 years at the time of the accident and applied 40% future prospects to the income of the deceased. Learned Tribunal found that claimants are wife, mother and father of the deceased, so deduction towards personal and caring expenses would be 1/3, and after applying a multiplier of 16, the total loss of dependency works out to Rs. 10,96,704/- and 4 Rs.90,000/- has been awarding on other heads. Thus, total compensation of Rs. 11,86,704/- 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 compensation awarded by the Tribunal is on the lower side and needs to be enhanced suitably. Learned counsel for appellants also submits that the Tribunal has awarded lesser compensation under other heads which also needs to be enhanced suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Learned Claims Tribunal is just and proper and requires no further enhancement. 6. Heard counsel for the parties 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.11,86,704/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs.17,000/- per month from the work of a sales salesman in Krishna and Company and produced an appointment letter vide Ex.P-7C in support thereof, but salary slip has not been produced. Therefore, the Claims Tribunal correctly found that it cannot be considered the deceased's salary. Thus, as per the wages structure prevailing by the Labour Department, time to time, it 5 is appropriate to assess the income of the deceased as Rs. 6,120/- per month i.e., 73,440 per annum, as has rightly been held by the Claims Tribunal. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 40% towards future prospects i.e. Rs.29,376/-, the annual income of the deceased comes to Rs. 1,02,816/-. 10. The deceased was aged about 35 years and was married and the claimants are the wife, mother and father of the deceased so deduction towards personal and caring expenses would be 1/3 i.e., 34,272/-, as has rightly been held by the Tribunal, the annual dependency comes to Rs. 68,544/-. 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 16, as has rightly held by the Tribunal, the total loss of dependency works out to Rs. 10,96,704/-. 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.1,20,000/-. Therefore, the claimants would become entitled for total compensation of Rs. 12,46,704/-. Thus, the claimants are entitled for compensation in the following manner:- S.No. Heads Calculation 01 Compensation towards Rs. 10,96,704/- dependency 02 03 Towards loss of estate Rs. 15,000/- Towards Love and affection to Rs. 1,20,000/- all the two claimants @ Rs. 40,000/- 6 04 Funeral Expenses Rs. 15,000/- Total compensation Awarded Rs. 12,46,704/- 11. Thus, the total compensation is recomputed as Rs. 12,46,704/-. After deducting Rs. 11,86,704/- as awarded by the tribunal, the enhancement would be Rs. 60,000/-. 12.
Decision
In the result, the appeal is partly allowed. The claimants shall be entitled to Rs. 60,000/- 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.