1 - Ramchandra S/o Shankar Lal Sonwani Aged About 23 Years R/o Khoddal, Tahsil v. 1 - Pyar Das S/o
Case Details
1 A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2025:CGHC:17962 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 451 of 2018 1 - Ramchandra S/o Shankar Lal Sonwani Aged About 23 Years R/o Khoddal, Tahsil and District Korba, Chhattisgarh (Wrongly Mentioned Lt Shankar Lal Sonwani) (Claimant). ... Appellant versus 1 - Pyar Das S/o Shri Dwarika Das Aged About 26 Years R/o Kali Mandir, Kosabadi Korba, Tahsil and District Korba, Chhattisgarh (Driver of Bolero CG 12 Y/0355). 2 - Govind Narayan Singh S/o Late Shri Baar Singh R/o Barpali, Tahsil and District Korba, Chhattisgarh (Owner of Bolero CG 12 Y/0355). 3 - National Insurance Company Limited Through The Branch Manager, National Insurance Company Limited, Branch Office Meemo Complex, Kosabadi, Korba, Tahsil and District Korba, Chhattisgarh (Insurer of Bolero CG 12 Y/0355), ... Respondent(s) For the appellant For Respondent No.2 For respondent no. 3 : : : Mr. Dashrath Kushwaha, Advocate.
Legal Reasoning
Mr. S.P. Sannat, Advocate, on behalf of Mr. Basant Kaiwartya, Advocate. Mr. Qamrul Aziz, Advocate 2 MAC No. 429 of 2018 1 - Shankar Lal Sonwani S/o Late Ashok Sonwani Aged About 48 Years R/o Khoddal, Korba, Tahsil and District Korba, Chhattisgarh, District : Korba, Chhattisgarh 2 - Smt. Narmada Bai W/o Shri Shankar Lal Sonwani Aged About 46 Years R/o Khoddal, Korba, Tahsil and District Korba, Chhattisgarh, District : Korba, Chhattisgarh 3 - Ku. Saroj D/o Shri Shankar Lal Sonwani Aged About 24 Years R/o Khoddal, Korba, Tahsil and District Korba, Chhattisgarh. 4 - Ku. Usha Sonwani D/o Shri Shankar Lal Sonwani Aged About 23 Years R/o Khoddal, Korba, Tahsil and District Korba, Chhattisgarh (Claimants). --- Appellants Versus 1 - Pyar Das S/o Shri Dwarika Das Aged About 26 Years R/o Kali Mandir, Kosabadi Korba, Tahsil And District Korba, Chhattisgarh (Driver of Bolero CG 12 Y/0355). 2 - Govind Narayan Singh S/o Late Shri Baar Singh R/o Barpali, Tahsil And District Korba, Chhattisgarh (Owner of Bolero CG 12 Y/0355), 3 - National Insurance Company Limited Through The Branch Manager, National Insurance Company Limited, Branch Office Meemo Complex, Kosabadi, Korba, Tahsil and District Korba, Chhattisgarh (Insurer of Bolero CG 12 Y/0355). --- Respondent(s) 3 For the appellants For Respondent No.2 For respondent no. 3 : : : Mr. Dashrath Kushwaha, Advocate Mr. S.P. Sonnat, Advocate, on behalf of Mr. Basant Kaiwartya, Advocate. Mr. Qamrul Aziz, Advocate Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 21/04/2025 1. These appeals under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) have been filed challenging the award dated 31.10.2017 passed by the learned Additional Motor Accident Claims Tribunal (F.T.C) Korba Chhattisgarh, in Claim Cases No.24/2013 & 25 of 2013. 2. Since both the appeals are arising out of the same incident, they are decided by this common order. MAC No. 429 of 2018 3. As per the pleadings of the Claim Petitions filed under Section 166 of the MV Act, the claimants are the parents and sisters of deceased Dev Kumar. On 06.01.2011 at about 9.30 pm, respondent no.1 who was driving the offending vehicle Bolero No.C.G. 12-Y/0355 in rash and negligent manner dashed the motorcycle driven by Devkumar, as a result, of which Dev Kumar died and the Pillion rider Ramchandra sustained injuries in the said accident. Respondent no.2 is owner and respondent no.3 is insurer of the offending Vehicle. The 4 Claimants being legal heirs of the deceased Dev Kumar filed MACC No.24/2013 stating that at the time of accident, the deceased was aged about 21 years and was earning Rs.10,000/- per month by doing the job of supervisor and claimed a total compensation of Rs23,30,000/- on various heads for the death of deceased. 4. The learned claims Tribunal took the monthly income of deceased to Rs. 3500/-, deducted one-half towards personal expenses and applied multiplier of 18 and assessed the total loss of income to be Rs. 3,78,000/-. In addition, Rs. 52,000/- has been awarded on other heads. Thus a total compensation of Rs. 4,30,000/- has been awarded in favour of the dependents of deceased i.e., appellants in Claim Case No.24/2013 with a direction to respondents 1 to 3 to pay the said compensation jointly and severally within a month. However, since the vehicle was insured, the tribunal has fasted the primary responsibility of paying the amount on the Insurance Company. 5. The submission of learned counsel for the appellants is that the claimants have pleaded that the deceased was working as supervisor and was earning Rs.10,000/- per month but the learned Claims Tribunal has taken the income of deceased as Rs.3,500/- per month which is not correct for determining the just compensation. He further submits that looking to the age of deceased the Tribunal has erred in not adding the future prospects to the income of deceased thereby just compensation has not been granted. His further contention is that even under other heads, lesser amounts have been awarded, therefore, this appeal may be allowed and amount of compensation may be enhanced suitably. 5 6. Learned counsel for the respondents would submit that looking to the facts and circumstances of the case, the Tribunal has granted just compensation which needs no interference. 7. Heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 8. Now this Court shall examine as to whether the compensation of awarded by the tribunal is just and proper compensation in the given facts and circumstances of the case. 9. As regards the income of deceased, the claimants have pleaded that the deceased was earning Rs.10,000/- per month by working as Supervisor but no documentary evidence in support thereof has been produced. However, it cannot be said that the deceased was not earning anything from his work. Therefore in absence of any reliable evidence regarding income of deceased, keeping in mind the nature of occupation, date of accident, minimum wage rate structure and further considering the other relevant factors such as price index and cost of living etc., I find it appropriate to take income of deceased to be Rs.3926/- per month on the basis of Chhattisgarh Minimum Wages Structure prevalent at the relevant time of accident i.e., 06.01.2011. Thus the annual incomes comes to Rs. 3926 x 12 = 47,112/-. So far as future prospects is concerned, in view of the law laid down by Hon’ble the Supreme Court in National Insurance Company Ltd., Vs. Pranay Sethi (2017) 16 SCC 680 after adding 40% towards future prospects i.e.18,845/- the annual income would come to Rs.65,957/-. 6 10. The deceased was unmarried person of aged about 21 years so the deduction towards personal expenses would be one-half which comes to Rs. 32,978.50/- and after deducting one-half, the annual dependency comes to Rs. 32,978.50 or say Rs.32,979/-. In view of decision of Hon’ble Suprme Court in Sarla Verma (Smt) Vs. Delhi Transport Corporation (2009) 6 SCC l2l and National Insurance Company Ltd., Vs. Pranay Sethi (2017) 16 SCC 680 considering the age of deceased, multiplier 18 is applied. Thus on applying multiplier 18, the total loss of dependency is worked out to Rs. 5,93,622/- (32,979 x 18). Under the other heads, the claimants are further entitled to get Rs.15,000/- for loss of estate, Rs.15,000/- for funeral expenses 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. Here in this case, there are total 4 claimants. Thus this Court is computing the total compensation of Rs.7,83,622/- in the following manner : 1. 2. 3. 4. Total loss of dependency Loss of estate Rs. 5,93,622/- Rs. 15,000/- Love and affection (Rs.40000 x 4) Rs. 1,60,000/- Funeral expenses Total Rs. 15,000/- Rs. 7,83,622/- 11. In view of the above analysis, the total compensation is recomputed to Rs.7,83,622/- from which after deduction of Rs. 4,30,000/- as awarded by the Tribunal, the enhancement would be Rs. 3,53,622/-. The enhanced amount shall carry interest @ 6% per annum 7 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. Accordingly, MAC No.429/2018 is partly allowed. MAC No. 451 of 2018 12. Injured Ramchandra has filed separate Claim Case No.25/2013 claiming a total compensation of Rs. 20,33,000/-. According to him, he suffered permanent disability. 13. On examination of medical Reports filed as Ex.P-13, P-14 & P-15 produced by the appellant, it shows that the injured suffered grievous injuries due to fractures in the right leg and left hand. In support of his statement regarding disability he has produced the document Ex.P-1 which has been proved by Dr. Ghan Shyam Diwan (A.W.1) who has stated that injured Ramachandra was treated by him and both the bones of his right leg and both the bones of left hand were not properly joined and 27% disability was found, which was related to the left hand and right leg of the injured. The doctor (A.W.1) has further stated that the said disability was of temporary nature and was curable. Thus from the evidence of Doctor (A.W.1) it is proved that injured Ramchandra had sustained grievous injuries caused to him in the said accident. 14. After considering the evidence and documents placed on record, the Tribunal has granted him a total compensation of Rs.5,88,923/- on different heads as follows : 8 1. Loss of income of injured/appellant during 21,000/- treatment 2. Treatment expenses incurred by injured 5,55,743/- 3. Transport/travelling charges 4. Nutritious food 5. Physical and mental agony 2,180/- 5,000/- 5,000/- Total Rs. 5,88,923/- The Tribunal has directed respondents 1 to 3 to pay the said compensation jointly and severally within a month with interest @ 6% per annum from the date of filing claim application till the date of payment. However, since the vehicle was insured, the tribunal has fasted the primary responsibility of paying the amount on the Insurance Company within a month. 15. Learned counsel for the appellant submits that there is a possibility of incurring future medical expenses but no amount was granted on this head. He further submits that the tribunal has not granted any sum towards permanent disability caused by the grievous injuries though the evidence of Dr. Ghanshyam Diwan (A.W.1) shows that 27% permanent disability was found as per Ex.P-1. His further contention is that only Rs.5000/- has been granted on physical and mental agony, which is very meagre. He prays that the amount awarded by the Tribunal may suitably enhanced. 16. A perusal of statement of Dr. Ghansyam Diwan (A.W.1) shows that as per the certificate (Ex.P-1) proved by him, 27% disability was 9 found on account of fractures in his left hand and right leg. He has further stated that the said disability was of temporary nature and was curable, so no loss of income can arise to that extent of disability. However, the Tribunal has not granted any sum for such disability caused by grievous injuries. Therefore, this Court feels just and proper to grant Rs. 50,000/- for the grievous injuries sustained by him. Further looking to the grievous injuries which may have adverse impact in future, the possibility of consequent future medical expenses cannot be denied. Therefore, it would be appropriate to further grant Rs.10,000/- on this head. Further the amount of Rs.5000/- granted on physical and mental agony is also meagre which is enhanced to Rs.10,000/-. Hence, this Court is recomputing the total compensation of Rs. 6,53,923/- in the following manner : 01. Loss of income during treatment as awarded by the tribunal Rs. 21,000/- 02. Medical treatment expenses as Rs. 5,55,743/- awarded by the tribunal 03. Travelling expenses as awarded by Rs. 2,180/- the Tribunal 04. Nutritious food as granted by Tribunal Rs. 5,000/- 05. Physical and mental pain/agony Rs. 10,000/- 06. Future medical-treatment expenses Rs. 10,000/- 07. Grievous injuries caused in the Rs. 50,000/- accident Total Rs. Rs.6,53,923/- 17. Thus the total compensation is recomputed to Rs. 6,53,923/- from which after deduction of Rs. 5,88,923/- as awarded by the Tribunal, the enhancement would be Rs. 65,000/-. The enhanced 10 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. Accordingly, MAC No. 451/2018 is also partly allowed. 18. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the amount 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. 19. In the result, both the appeals are finally disposed of with the aforesaid observation/direction. Sd/- Sanjay Kumar Jaiswal Judge Rao