Nafr High Court
Case Details
1 Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.04.15 18:32:00 +0530 2025:CGHC:17114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 805 of 2018 1 - Ansum Bhardwaj, S/o Late Chandra Kumar Bhardwaj, Aged About 9 Years, Minor Through Legal Guardian Mother Smt. Kirti Devi, R/o Village Mudpar Post Khedha Thana Sambalpur District Bemetara, Chhattisgarh 2 - (Deleted), Jagatram (As Per Hon’ble Court Order Dated 13-02- 2024), aged about 70 years, S/o Shobharam, R/o Village Mudpar Post Khedha Thana Sambalpur District Bemetara, Chhattisgarh 3 - Jathiya Bai W/o Jagatram Aged About 68 Years R/o Village Mudpar Post Khedha Thana Sambalpur District Bemetara, Chhattisgarh
Legal Reasoning
4 - Smt. Kirti Devi W/o Late Chandra Kumar Bhardwaj Aged About 45 Years R/o Village Mudpar Post Khedha Thana Sambalpur District Bemetara, Chhattisgarh……………………………………..….. (Claimants) ... Appellants versus 1 - Birbal Dhritlahare, S/o Late Shankar Lal Dhritlahare, Aged About 28 Years, R/o Village Keslikhurd, Thana Fastarpur, District Mungeli, Chhattisgarh…………………………………………(Owner cum Driver) 2 - I.C.I.C.I. Lombard General Insurance Company Limited Through Branch Manager, Branch Office Commercial Bhawan Ground Floor Devendra Nagar Road Raipur, Chhattisgarh…………………(Insurer) 3 - Bina @ Vina Bhardwaj W/o Late Chandra Kumar Bhardwaj Aged About 42 Years R/o Sai Temple Near Purani Sharab Bhatthi Jarhabhatha Thana Civil Line Tahsil And District Bilaspur, Chhattisgarh 4 - Rahul Bhardwaj, S/o Late Chandra Kumar Bhardwaj, Aged About 20 Years, R/o Sai Temple Near Purani Sharab Bhatthi Jarhabhatha Thana Civil Line Tahsil And District Bilaspur, Chhattisgarh 2 5 - Atul Bhardwaj S/o Late Chandra Kumar Bhardwaj Aged About 17 Years Minor Through Legal Guardian Mother Smt. Bina @ Vina Bhardwaj, R/o Sai Temple Near Purani Sharab Bhatthi Jarhabhatha Thana Civil Line Tahsil And District Bilaspur, Chhattisgarh 6 - Ku. Kajal @ Naina D/o Late Chandra Kumar Bhardwaj Aged About 12 Years Minor Through Legal Guardian Mother Smt. Bina @ Vina Bhardwaj, R/o Sai Temple Near Purani Sharab Bhatthi Jarhabhatha Thana Civil Line Tahsil And District Bilaspur, Chhattisgarh………………………(Respondents No.3 to 6 Claimants) ---- Respondents For Appellants/Claimants: Mr. A.L. Singroul, Advocate. For Respondent No.2 : Mr. Tessy Abraham, Advocate on behalf of Mr. Amrito Das, Advocate For Respondents/Claimants No.3 to 6 : Mr. Ravipal Maheshwari, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (09.04.2025) 1. This appeal arises out of the award dated 15.11.2017 passed by Motor Accident Claims Tribunal, Bilaspur (C.G.), in MACT No.525/2015 awarding a compensation of Rs.46,35,440/- with interest @ 6% per annum, in favour of the claimants/appellants and Respondents No.3 to 6 for their irreparable loss. 2. The averment in the claim petition, is that on 11.08.2015 Chandrakumar Bhardwaj (now deceased) was coming from Navagarh to Mungeli on his motorcycle, before 10 Kms of village Temri Mungeli, driver-owner/respondent No. 1 of offending vehicle (Tata Magic) bearing registration No. CG-28-9296 drove the vehicle in rash and negligent manner and dashed the motorcycle of the deceased, due to which the deceased sustained grievous injuries and during treatment 3 died in a hospital. A report of the incident was lodged, based on which offence was registered. It is stated that on the date of the accident, age of the deceased was aged about 48 years, he was a public servant (Lecturer) and was earning Rs. 47,196/- per month from his job. Due to the casual death of the deceased, there is an irreparable loss to the appellants/claimants. Therefore, the appellants (two wife, children and mother-father of the deceased) preferred an application before the Tribunal claiming compensation to the tune of Rs. 81,72,576/-. 3. Learned Tribunal, on a close scrutiny of the evidence brought on record, estimated the age of the deceased to be between 50 and 55, assessed monthly income of the deceased to Rs.45,113, given 15% future prospects, deducted 1/3 income towards personal and living expenses and applied multiplier of 11 and awarded Rs. 45,65,440/-. Furthermore, Rs.70,000/- has been awarded by the Tribunal in other heads. Thus, total Rs.46,35,440/- has been awarded in favour of the appellants/claimants with interest @ 6% per annum, from the date of application till its realization. 4. While passing the impugned award, as the Tribunal has found that there was a breach of insurance policy conditions, therefore, the Tribunal has exonerated the insurance company. However, an order of pay and recover has been passed by the Claims Tribunal. Hence, this appeal has been filed by the claimants for enhancement of the compensation. 5. Learned counsels appearing for the claimants submit that the compensation awarded by the Tribunal is on the lower side and needs to be enhanced suitably. They further submit that the learned Claims Tribunal has deducted 1/3 of income towards personal and living 4 expenses though looking to the numbers of legal representatives(total 8), the deduction would be 1/5. The learned counsels further submit that the Tribunal has also awarded lesser amount on other heads, therefore, this appeal may be allowed and amount of compensation may be enhanced suitably. 6. 7. None appeared on behalf of respondent No. 1. On the other hand, it is submitted on behalf of counsel for respondent No.2 that in view of facts and circumstances of case, the Claims Tribunal has rightly exonerated the Insurance Company from its liability. However, he prays that the order of pay and recover may be set-aside. 8. Heard counsel for the parties and perused the documents on record. 9. Now this Court shall examine as to whether the compensation of Rs.46,35,440/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case? 10. As regards the income of the deceased, as per the last salary slip (Ex.A-12) of deceased Chandrakumar Bhardwaj and document (Ex.A- 13), the Claims Tribunal has rightly assessed the monthly income of the deceased to Rs.45,113/-, I find it appropriate to take income of deceased as Rs. 45,113/- per month. The annual income comes to Rs. 5,41,356/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 15% towards future prospects i.e. Rs. 81,203/-, the annual income comes to Rs.6,22,559/-. 11. From the annual income of the deceased, there will be statutory deduction towards income tax. The income tax slab for the financial year 2015-2016 was as follows: 5 Income Tax Slabs Income Tax Taxable Income Total Tax in the FY 2015-16 Rates 0 to 2.5 Lakh 2.5 lakh to 5 lakh nil 10% nil nil Rs.2,50,000/- Rs. 25,000/- 5 lakh to 10 lakh 20% Rs.1,22,559 Rs. 24,511 Total 49,511/- 12. In view of the same, after deduction of income tax, the annual income comes to Rs.5,73,048 (622559-49511). 13. The deceased was aged about 50-55 years and the claimants are the two wife, children and mother-father of the deceased so deduction towards personal expenses would be 1/5 instead of 1/3 i.e. Rs.1,14,609/- which dependency comes to Rs. 4,58,439/- (573048 - 114609). 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 11, the total loss of dependency works out to Rs. 50,42,829/- (458439 x 11). 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, reported in AIR Online 2018 SC 189, they are further entitled to get Rs. 40,000/- each for loss of love and affection. Therefore, the claimants would become entitled for total compensation of Rs. 53,92,829/-. Thus, the claimants are entitled for compensation in the following manner:- 6 S.No. Heads Calculation 01 02 03 Towards loss of dependency Rs. 50,42,829/- Towards loss of estate Rs. 15,000/- Towards love and affection to Rs. 3,20,000/- each claimants @ Rs. 40,000/- (40000 x 8) 04 Funeral Expenses Rs. 15,000/- Total Rs. 53,92,829/- 14. Thus, the total compensation is recomputed as Rs. 53,92,829/-. After deducting Rs. 46,35,440/- as awarded by the Tribunal, the enhancement would be Rs. 7,57,389/-. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. 15.
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. 16. 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 paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Shubham Sd/- (Sanjay Kumar Jaiswal) Judge