Karamchand v. MISC. APPEAL UNDER SECTION 173 OF THE MOTOR

Karamchand S/o Shri Bala Ram Aged about 30 years Caste - Sharma, Profession - Driver R/o Village Gehung Dist: Kebal (Haryana) S.Karamveer Singh S/o Shri Samandar Singh Aged about 42 years, Caste - Sikh R/o 10/1 Sakti Nagar, Faridabad (Haryana) C/o G.T.Karnal Road Lines Delhi (Respondent No.3 to 8 are claimants) ^c^

4.. 's ^w/ Darbarilal S/o Lukkarh, Aged about 44 years, Sammat Bai W/o Darbarilal, Aged about 41 years Shanti Lal S/o Darbarilal, Aged about 12 years 6, ^•-" Sukhmat Bai D/o Darbarilal, Aged about 10 years ^^ Respondent No. 5 85 6 C/o father Darbarilal Respondent no.3 being a natural guardian All are by caste - Satnami, R/o Village Chichesara, P.0 - Sungwa, P.S & Tahsil - Mungeli, Dist: Bilaspur-(C.G.) i7 z.

Dan Bai Wd/o Amritlal Satnami Aged about 26 years Maduri D/o Amritlal Satnami, Aged about 7 years Respondent no.8 C/o mother respondent no.7 being a natural guardian R>6t^ ^Y<t ^j6 Vfll-R^ ^WS- ,Ax' ^ - ^. ^^ T^. k?vu^{' b iA^ ^i^fW ^^————^:^ (2 '173 .^ MISC. APPEAL U/S OF THE MOTOR VEHICLES ACT 1988 ARISING OUT OF THE AWARD DATED 0^09.05 PASSED BY THE ?OND ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL fF.T.C.) MUNGELI. DIST : BILASPUR IN M.A.C.C.NOS€3/04 DARBARI LAL AND OTHERS VER.8US KARAMCHAND AND^)THERS. HIGH COURT OF CHHATTISGARH BILASPUR S.B.: HON»BLE SHRI SANJAY K. AGRAWAL. J. M.A. No. 303/2006 APPELLANT National Insurance Company Ltd. RESPONDENTS Karamchand and others VERSUS MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988. Aupearances of counsel: Mr. Raj Awasthi, learned counsel for the appellant. None for the respondents, though served. ^ JUDGMENT (01/10/2013) Appellant has preferred this appeal under Section 173 1. of the Motor Vehicles Act, 1988 (in short <(the M.V. Act") dated 05/09/2005 passed by Second against Additional Motor Accident Claims Tribunal (F.T.C.), Mungeli, (for short 'the Claims Tribunal') in Claim District Bilaspur, the award Case No. 63/2004.

By the impugned award, the learned Claims Tribunal partly allowed the claim petition filed by the claimants under Section 166 of the M.V. Act and awarded total sum of Rs. 5,17,000/- along with 7.5% interest by way of coinpensation for the death of Shri Amritlal, who died in vehicular accident.

The Claims Tribunal assessed the income of deceased froin Grocery & Readymade Cloths Shops Rs. (Amritlal) 3,750/- per month i.e. Rs. 45,000/- yearly income and after "'•%^?,.^' deducting 1/3rd towards his personal expenses i.e. Rs. 15,000/-, taken annual dependency of the claimants as Rs. 30,000/- and by applying the multiplier of 17, (30,000 x 17) awarded a sum of Rs. 5,10,000/-. In addition, Rs. 5,000/- towards loss of estate and Rs. 2,000/- fowards funeral expenses have also been awarded. Thus, a total compensation of Rs. 5,17,000/- has been awarded to the claimants. " ^

I have heard learned counsel for the appellant and perused the record of the Clainis Tribunal.

Learned counsel appearing for the appellant/Insurance the Claims Tribunal had granted Company submits that permission under Section 170 of Motor Vehicles Act, 1988 and therefore, Insurance Company is entitled to challenge the quantuni of conipensation awarded by the Claiins Tribunal to the clgdniants. According to ine, he is entitled to challenge the quantum. He thereafter submits that monthly inconie of deceased was assessed as Rs. 3,750/- is contrary to the evidence available on record.

Sanimat Bai (AW-1) has examined herself before the Claims Tribunal, in which, she clearly stated that her son aged about 25 years, used to earn Rs. 100-125/- per day in grocery shop and readyniade cloth shop, which comes to Rs. 4,500/- per month. She was subjected to lengthy cross- examination by owner, driver & insurer but nothing has been brought to conclude that deceased's incoine was less than Rs. 3,500/- per month.

Looking to the price index on the date of accident i.e. 30/9/1999, inconle of a deceased cannot be held to be less .^«^,,-^- ^-^^ 'l l^.,..-':^?f%t^ :; ;;] VSSN%@ S "'^'"',^/ /./. ^ ^' than Rs. 125/- per day. Thus, the finding recorded by the learned Claims Tribunal that deceased used to earn Rs. 125/- per day i.e. Rs. 3,750/- per month is based on material available on record. It is a finding, which was capable of being recorded on one set of evidence on its appreciation and the same in my opinion was rightly recorded.

8. In the result, I do not find any illegality in the award ^'il passed by the Claims Tribunal. The appeal is found to be fails and is accordingly totally devoid of any merit. It disniissed.

No cost. Sd/- Sanjay K. Agrawal Judge Tiwari , t