Nafr High Court
Case Details
ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.16 11:42:38 +0530 2025:CGHC:43404 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 875 of 2024 1. Chamman Bai, W/o Late Amar Singh Banjare, aged about 45 Years, R/o Village- Phulwari Kala Thana Lalpur Tahsil And District- Mungeli, Chhattisgarh 2. Pritam Banjare, S/o Late Amar Singh Banjare, aged about 27 Years, R/o Village- Phulwari Kala Thana Lalpur Tahsil And District- Mungeli, Chhattisgarh 3. Ku. Rajeshwari Banjare, D/o Late Amar Singh Banjare, aged about 23 Years, R/o Village- Phulwari Kala Thana Lalpur Tahsil And District- Mungeli, Chhattisgarh 4. Deepak Banjare, S/o Late Amar Singh Banjare, aged about 21 Years, R/o Village- Phulwari Kala Thana Lalpur Tahsil And District- Mungeli, Chhattisgarh 5. Sukhraotin Banjare, W/o Late Kunwar Singh Banjare, aged about 70 Years, R/o Village- Phulwari Kala Thana Lalpur Tahsil And District- Mungeli, Chhattisgarh. Versus ----Appellants 1. Isteyaj Ansari, S/o Himmuddin Ansari, aged about 37 Years, R/o Ward No. 56 Balrampur. Wrongly Correct Address Is Not Mention Of Respondent No. 1. As Per Arrest Memo Ex. A/6. Permanent Address R/o- Village Jala Sangrahkala Thana- Gadhawa, Distt. - Gadhawa, C.G. Present Address- R/o House No. 05, Ward No. 56 Masjidpara, Chandan Nagar Thana- Ramanujganj, Distt. Balrampur, Chhattisgarh. (Driver Of The Offending Vehicle Trailer No. C.G.10/r./4611) 2. M/s K. P. Logistic Through Charan Singh Gambhir, S/o Late Pyara Singh Gambhir aged
Legal Reasoning
about 55 Years, R/o Shri Ram Tower Vyapar Vihar Bilaspur, Chhattisgarh. (Owner Of The Offending Vehicle Trailer No. C.G.10/r./4611) 3. The Oriental Insurance Company Limited Rama Trade Center, 1st Floor Old Bus Stand Bilaspur, District- Bilaspur, Chhattisgarh. (Insurer Of The Offending Vehicle Trailer No. C.G.10/r./4611) --- Respondents Cause Title is taken from CIS system ___________________________________________________________________ For Appellants : Ms. Shaleeni Jhangde, Advocate appeared on behalf of Shri Arjun Lal Singroul, Advocate. For Respondent No.3 ___________________________________________________________________ : Shri T.K. Tiwari and Ms. Vidhika Choubey, Advocates. -2- 01 /09/2025 Hon'ble Shri Justice Sachin Singh Rajput Order on Board 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) has been filed by the appellants / claimants assailing the correctness and legality of the the award dated 07/12/2023 passed by I Additional Motor Accident Claims Tribunal (for short Tribunal), Mungeli (C.G.) in Motor Accident Claim Case No. - 33/ 2022. 2. By the impugned award, against a claim of Rs.40,00,000/-, the learned Tribunal has awarded Rs.08,57,000/- in favour of the appellants/claimants on account of death of deceased – Amar Singh Banjare in an unfortunate accident that occurred on 05/04/2022 by rash and negligent driving of the offending vehicle Truck Tanker bearing registration No. CG-10-R-4611 by respondent No. 1 / driver, owned by respondent No.2 / owner and Insured with respondent No.3 / Insurance Company. 3. As per pleadings of the claim application filed under section 166 of the MV Act, the deceased was a mason, 48 years of age and was earning Rs.14000/- per month. The deceased was a sole bread winner of his family. As the deceased died in the accident, the appellants/claimants suffered irreparable loss and deprive of the dependency of the deceased. Therefore, the above stated compensation was claimed. 4. Respondent No.3 pleaded that the offending vehicle was used without fitness permit and the driver of the offending vehicle was not having valid and effective driving license, there is violation of the terms and conditions of the Insurance Policy. Hence, the Insurance company may be exonerated. 5. On the basis of above broad pleadings, the learned Tribunal framed five issues and decided the same in favour of the appellants / claimants and awarded the above stated compensation by the impugned award which led to filing of this appeal. Holding the age of the deceased to Rs.6000/- and age of the deceased to 50 years. 6. Learned counsel for the appellants / claimants submits that the income of the deceased was is on lower side and Tribunal assessed wrongly being assessed the monthly income, proper multiplier was not applied and compensation on all other heads is also on lower side which require suitable enhancement. 7. Learned counsel for respondents No.3 supported the award and submit that baring the oral evidence no cogent and prudent evidence is brought on record to substantiate the -3- profession and income of the based on proper appreciation evidence, hence finding recorded by the learned Tribunal appears to be reasonable, therefore, just compensation has been awarded which does not require any interference. 8. Heard learned counsel for the parties, considered their rival submission and also perused the appended documents. 9. Barring the oral statement no documentary evidence was brought on record to substantiate the income. The deceased was found to be age of 50 years and according to the appellants/claimants deceased was a mason and was earning Rs.14,000/- per month. There are five appellants / claimants including widow, daughter, two sons and aged mother. Therefore, considering the evidence available on record, nature of job, minimum wages prevailing, age of the deceased at the time of incident and parents, three children and wife were also dependent on the deceased and looking to the date of incident i.e. 05/04/2022, this court takes monthly income of deceased to Rs.11,000/-. 10. In light of the decision of Hon’ble Supreme Court in the matters of Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, National Insurance Co. Ltd. Vs. Pranay Sethi, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd.v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, the appellant/sclaimants are entitled for compensation in the following manner:- S.No. Head Calculation 1. 2. 3. 4. 5. 6. 7. 8. Monthly Income Rs.11,000/- 25% future prospect Rs.2750/- Monthly Income Rs.13,750/- Yearly Income Rs.1,65,000/- (13,750 X 12) Income after 1/4 deduction for personal expenses Rs.1,23,750/- (1,65,000– 41250) Multiplier of 13 to be applied Rs.16,08,750/- (1,23,750 X 13 ) Towards loss of estate, consortium and funeral expenses Parental consortium and Filial Rs.77,000/- Rs.1,20,000/- (Rs.40,000/- each to appellant No. 2 to 4 ) Total compensation Rs.18,05,750/- -4- 11. Since the tribunal has already awarded Rs.08,57,000/-, after deducting the same from the above amount, the claimants are held entitled for additional compensation of Rs.9,48,750/- with interest @ 6% per annum from the date of appeal i.e. 18/04/2024. The amount shall deposited by the Insurance Company within a period of 60 days from the date of copy of receipt of this order. 12. After deposit being made, Rs.50,000/- each to appellant No. 2 to 4 be disbursed . Rs.1,50,000/- disbursed to appellant No.5, Rs.1,50,000/- shall be invested in the name of appellant No. 3 as fixed deposit in the Nationalized Bank for two years. Rs.4,00,000/- shall be invested in the name of appellant No. 1 as fixed deposit in the Nationalized Bank for two years. Remaining amount shall be paid to appellant No. 1 by bank transaction / account payee cheque.
Decision
13. In the result, the appeal is allowed in part with modification in the award impugned to the above extent. S Sd/- (Sachin Singh Rajput) Judge Ashish