Nafr High Court
Case Details
1 SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.07.01 14:23:55 +0530 2025:CGHC:28503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 427 of 2021 1. Smt. Meera Sidar W/o Late Ishwarilal Sidar, Aged About 33 Years R/o Village Bhojpur, Post Office Kirari (Bhojpur), Tahsil And Police Station Dabhra, Presently Residing At Janjgir, District - Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2. Minor Dipesh Sidar S/o Late Ishwarilal Sidar, Aged About 4 Years Through Legal Guardian Appellant No. 1 Mother Smt. Meera Sidar R/o Village Bhojpur, Post Office Kirari (Bhojpur), Tahsil And Police Station Dabhra, Presently Residing At Janjgir, District - Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Appellant(s) versus 1. Devlal Gond S/o Shri Dhaneshwar Gond, Aged About 32 Years R/o Ludara, Nawapara, Police Station - Ludara, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
Legal Reasoning
2. Sanjay Tamrakar S/o Shri Shivshankar Tamrakar, R/o Jodhapipal, Near Kumkum Hotel, Ambikapur, District Surguja Chhattisgarh (Vehicle Bus No. C G - 15 A B - 4815), District : Surguja (Ambikapur), Chhattisgarh 3. United Insurance Co. Ltd., Through - Manager, Bramh Road, Near Kumkum Hotel Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Appellants For Respondent No. 1 For Respondent No. 2 For Respondent No. 3 : Mr. Hanuman Prasad Agrawal, Advocate : Mr. S.P. Sannat, Advocate : Mr. Sachin Nidhi, Advocate : Ms. A. Sandhya Rao, Advocate holding the brief of Mr. Pankaj Agrawal, Advocate 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27. 06.2025 1. The instant appeal has been filed by the claimants/appellants under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 28.06.2018 passed by the Motor Accidents Claims Tribunal, Janjgir, District Janjgir-Champa (C.G.), in Claim Case No. 20/2017, wherein, an award of Rs. 33,65,584/- was passed along with interest @ 8% from the date of the application till its realization in favor of appellants. 2. The facts of the present case are that on 19.08.2016, Ishwarilal Sidar and Shyam Sundar were coming back to Village Bhojpur, Kirari from Chandrapur on the motorcycle bearing registration No. C.G. 11 MA 1725, the offending Bus bearing registration No. C.G. 15 AB 4815 driven by respondent No. 1, dashed the motorcycle and Ishwarilal Sidar and Shyam Sundar died on the spot. The appellants/claimants are the wife, children and parents of the deceased Ishwarilal Sidar. They filed a claim case under section 166 of the MV Act and pleaded that the age of the deceased was 33 years at the time of the accident and he was a teacher and was earning Rs. 22886/- per month. The claimants claimed a total of Rs. 60,52,337/- as compensation. The Insurance Company/respondent No. 3 filed its reply and took a plea that at the time of the accident, the driver did not have a valid driving license and the accident occurred due to the head on collision between two vehicles and it was being driven in the breach of the insurance policy. 3. Learned tribunal framed issues and held that at the time of the accident, the age of the deceased was 33 years. The learned tribunal further held 3 that the insurer could not prove that the offending vehicle was being driven in breach of the insurance policy. The learned tribunal awarded the compensation to the tune of Rs. 33,65,584/- along with interest @ 8% p.a. from the date of the application till its realization. 4. Learned counsel for the appellants would submit that no compensation has been awarded under the head of future prospects. He would also submit that the learned tribunal committed a grave error while awarding a lump- sum amount of Rs. 70,000/- for funeral expenses, the loss of consortium and the loss of estate. Thus, he would pray for the enhancement of the compensation. 5. On the other hand, learned counsels appearing for respective respondents would oppose. They would submit that the learned tribunal after taking into consideration the documents placed on record by the claimants has awarded a total amount of Rs. 33,65,584/- as compensation. Hence, the amount of compensation awarded by the tribunal to the claimants cannot be said to be on the lower side rather it is just and proper in the given facts and circumstances of the case and does not call for any interference. 6. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 7. Admittedly, the accident took place on 19.08.2016 and Ishwari lal Sidar died on the spot and it is also not in dispute that he was a teacher. The learned tribunal considering the pleadings and oral and documentary evidence determined the age of the deceased as 33 years, however, erred in not granting compensation in respect of future prospects. The Hon’ble Supreme Court in the matter of National Insurance Co. Ltd. Vs Pranay Sethi, (2017) 16 SCC 680 has held that the claimants would be entitled to 4 50% additional amount of compensation towards the loss of future prospects for the deceased salaried person, who was aged between 0-39 years. Therefore, in the present case, the applicable percentage of future prospects would be 50%. 8. In view of the dictum rendered in the case of Magma General Insurance Co. Ltd. Vs Nanu Ram, 2018 SCC Online SC 1546, the amount of consortium to the appellants is also on the lower side. Therefore, this Court proposes to re-compute the compensation by taking into account the number of dependents as appellant no. 1, the wife and appellant no. 2, the son of the deceased, are entitled to be awarded Rs. 40,000/- each under the loss of consortium. Further, as per the law laid down by the Supreme Court in the matter of National Insurance Co. Ltd. Vs Pranay Sethi (2017) 16 SCC 680, the appellants are also entitled to be awarded a sum of Rs. 15,000/- towards funeral expenses and Rs. 15,000/- towards the loss of estate instead of a lump-sum amount of Rs. 70,000/- as awarded by the learned tribunal towards the loss of consortium, funeral expenses and loss of estate. 9. However, the Hon’ble Court in the matter of Sarla Verma & Ors Vs Delhi Transport Corp. & Anr, (2009) 6 SCC 121 has considered a multiplier of 16 for the persons who are aged between 31-35 years. Hence, in the present case, the learned tribunal has rightly considered the multiplier of 16. Further, the learned tribunal has rightly assessed the income of the deceased and deducted 1/4th towards the personal expenses of the deceased. Therefore, on these counts, there is no scope for interference. 10. Taking into consideration the above-discussed facts, the compensation payable to the claimants is hereby re-visited as under:- 5 Sr. No. Particulars Awarded by the Court 1. Monthly income of the deceased Rs. 22,886/- 2. Annual Income Rs. 2,74,632/- 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 Multiplier of 16 applied Rs. 43,94,112/- Future Prospects @ 50% Rs. 21,97,056/- towards Deduction personal expenses @ 1/4 Rs. 16,47,792/- Total Loss of Income Rs. 49,43,376/- Loss of Consortium Funeral Expenses Loss of Estate Rs. 80,000/- (2 x 40,000) Rs. 15,000/- Rs. 15,000/- Total Rs. 50,53,376/- Amount awarded by the Tribunal Rs. 33,65,584/- Enhanced amount of compensation Rs. 16,87,792/- 11. For the foregoing reasons, the amount of compensation of Rs. 33,65,584/- awarded by the learned tribunal is enhanced to Rs.50,53,376/-. Hence, the appellants/claimants are held entitled to an additional compensation of Rs. 16,87,792/-. The impugned award stands modified to the above extent. 12. The respondent No. 3/Insurance company is directed to pay the enhanced compensation to the claimants within a period of 90 days from the date of receipt of a copy of this order. The appellants shall not be entitled to receive any interest for the period of delay caused in filing this appeal. The rest of the conditions of the impugned award shall remain the same. 6 13. Accordingly, the appeal is partly allowed. $iddhant Sd/- (Rakesh Mohan Pandey) Judge