Nafr High Court
Case Details
1 A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2025:CGHC:19056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1388 of 2017 1 - Smt. Jito Panna W/o Shri Salik Ram Panna, Aged About 55 Years R/o Village Ropakhar Kamleshwarpur,, Police Station Kamleshwarpur, District Surguja Chhattisgarh Present Resident At Gandhi Nagar, Ambikapur, District Surguja Chhattisgarh.. 2 - Salik Ram Panna, S/o Late Kaliyan Panna, Aged About 58 Years R/o Village Ropakhar Kamleshwarpur,, Police Station Kamleshwarpur, District Surguja Chhattisgarh Present Resident At Gandhi Nagar, Ambikapur, District Surguja (Ambikapur) Chhattisgarh. Claimants. … Appellants Versus 1 - Manu @ Abhimanyu Sonwani S/o Bhaddar Sonwani, Aged About 20 Years R/o Village Karkali Jirhul, Police Staion And Tahsil Kusmi, District Balrampur- Ramanujganj Chhattisgarh ........Driver of Offending Vehicle Bolero, Registration No. C G 15 B 4401. 2 - Prabhat Kumar Bhagat, S/o D.R.Bhagat, Aged About 26 Years R/o Village Bishnupur, Police Station Gandhi Nagar, Tehsil Ambikapur, District Surguja Chhattisgarh. ...........Owner of Offending Vehicle Bolero, Registration No C G 15 B 4401...........Present R/o Mishan Chowk Ambikapur, District Surguja Chhattisgarh., 3 - Branch Manager, United Indian Insurance Company Limited, Bramha Road Ambikapur, District Surguja Chhattisgarh. ..........Insurer of Offending Vehicle Bolero, Registration No. C G 15 B 4401., ... Respondent(s) 2 For the appellants For Respondent 1 & 2 For respondent no.3 : : :
Legal Reasoning
Mr. Vikas Pandey, Advocate, on behalf of Mr. V.K. Pandey, Advocate None Mr. Swati Agrawal, advocate, on behalf of Mr. Pankaj Agrawal, Advocate. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Judgment on Board 28 /04/2025 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed challenging the award dated 19.07.2017 passed by the learned Ist Additional Motor Accident Claims Tribunal, Ambikapur District Sarguja Chhattisgarh, in Claim Case No. 154 of 2014. 2. As per the pleadings of the claim application filed under Section 166 of the MV Act, the claimants are the parents of deceased Pravin Panna. On 01.03.2014 deceased was going on his motorcycle from his village Ropakhar to Ambikapur and on the way at about 3.30 p.m., when he reached Nanki Pani Turn near village Amgaon, respondent no.1 who was driving the offending Bolero vehicle No.C.G.15-B/4401 in rash and negligent manner hit the motorcycle of Pravin Panna, due to which, he sustained grievous injuries and died and the pillion rider Ku. Anuma Minj also sustained grievous injuries in the said accident. The claimants being legal heirs of deceased filed claim application seeking a total compensation of Rs.7,78,200/- on various heads. 3. The learned claims Tribunal on the basis of facts pleaded in claim petition, took the monthly income of deceased as Rs. 3000 i.e., 36,000/- per 3 annum, deducted one half towards personal expenses and applied multiplier of 18 and thus computed the total dependency to be Rs. 3,24,000/-. In addition, Rs. 45,000/- has been granted on other heads. Thus the Tribunal has held that the claimants are entitled to get a total compensation of Rs. 3,69,000/- from the respondents jointly or severally. However, since breach of insurance policy terms was found and the offending vehicle was insured, the initial liability has been fastened on the Insurance Company by ordering pay and recover. 4. The submission of learned counsel for the appellants is that the compensation awarded by the Tribunal is on the lower side as it has merely taken the income of deceased as Rs.3000/- which is not sufficient. He further submits that as regards future prospects, no amount has been added to the income of deceased while determining compensation and further the amounts granted under other heads are also inadequate, therefore, he prays that the awarded amount may be enhanced suitably. 5. Learned counsel for respondent no.3 supports the award and submits that looking to the facts and circumstances of the case, the Tribunal has granted just compensation which needs no interference. 6. Heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 7. Now this Court shall examine as to whether the quantum awarded by the tribunal is just and proper compensation in the given facts and circumstances of the case. 8. As regards the income of deceased, the claimants have pleaded that the deceased was earning Rs.4500/- per month by working as operator under the control of a Contractor of Electricity Department. However, keeping in mind the nature of occupation, minimum wage rate structure and other 4 relevant factors such as price index and cost of living etc, I find it appropriate to take income of deceased as Rs.5,163/- as per the Chhattisgarh Minimum Wages prevalent on the date of accident. Thus, the annual income comes to Rs.61,956/- (5,163 x 12). So far as future prospects is concerned, the Tribunal has not granted any sum on this count. In view of the principles laid down National Insurance Company Ltd., Vs. Pranay Sethi (2017) 16 SCC 680 and considering that the age of deceased was found to be 21 years, after adding 40% towards future prospects i.e.,24,782/-, the annual income would come to Rs.86,738/- (61,956 plus 24,782). 9. The deceased was aged about 21 years and the claimants are parents of the deceased so the deduction towards personal expenses would be one- half and after deducting one-half, the annual dependency would come to Rs.43,369/-. In view of the decision of the Hon’ble Suprme Court in Sarla Verma (Smt) Vs. Delhi Transport Corporation (2009) 6 SCC l2l, considering the fact that the deceased was in the age group of 21 – 25 years, multiplier 18 is applied and thus the total loss of dependency is worked out to Rs. 7,80,642/- (43,369 x 18). Under the other heads, the claimants are entitled to get Rs. 15000/- 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. In this case, there are two claimants, therefore, the claimants would be entitled for a total compensation of Rs. 8,90,642/- In view of the above discussion, this this Court is recomputing the compensation as follows : 1. 2. 3. Total loss of dependency Loss of estate Loss of Love and affection (Rs.40000 x 2) Rs. 7,80,642/- Rs. 15,000/- Rs. 80,000/- 5 4. Funeral expenses Rs. 15,000/- Total Rs.8,90,642/- 10. Thus the total compensation is recomputed to Rs.8,90,642/- . from which after deduction of Rs. 3,69,000/- as awarded by the Tribunal, the enhancement would be Rs.5,21,642/-. The claimants are entitled for enhanced amount of Rs.5,21,642/-. in addition to what is already awarded by the Claims Tribunal. The enhanced amount shall carry interest @ 6% per annum from the date of enhancement of the award till its realisation. 11. 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. 12. 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. Rao Sd/- Sanjay Kumar Jaiswal Judge