Smt. Usha Rani & Another v. Shivparsan Chouhan & Ors
Case Details
1 Digitally signed by RAGHVENDRA JAT 2025:CGHC:23899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1252 of 2017 1 - Smt. Usha Rani Roy W/o Late Ajit Kumar Roy, Aged About 66 Years R/o Quarter No.10/2, South Vasundhra Nagar, Bhilai-3, Ward No.16, Tahsil Patan, District Durg, Chhattisgarh, Chhattisgarh. 2 - Archana Roy D/o Late Ajit Kumar Roy, Aged About 35 Years R/o Quarter No.10/2, South Vasundhra Nagar, Bhilai-3, Ward No.16, Tahsil Patan, District Durg, Chhattisgarh ................Claimants, District : Durg, Chhattisgarh ... Appellant(s) versus 1 - Shivparsan Chouhan S/o Chandrika Chouhan, Aged About 40 Years R/o Kolkotta 52 Daga Bangurmath, P.S. Bali, District Howrra West Bengal ...............Vehicle Truck No. W.B./23/ C/3432, West Bengal. 2 2 - Manager, Through Pal Goods Transport Company, 13/4, Syed Seli Lane, Kolkata-7, West Bengal 700007 ...............Vehicle Truck No. W.B./23/ C/3432, District : Kolkata, West Bengal. 3 - The New India Insurance Company Limited, Through Its Divisional Manager, Division Office, 1st Floor, Chouhan State, G.E.Road, Supela, Bhilai, District Durg, Chhattisgarh ...............Vehicle Truck No. W.B./23/ C/3432, District : Durg, Chhattisgarh. ... Respondent(s) For Appellant(s)
Legal Reasoning
: Mr. Abhishek Bharti, Advocate along with Mr. Gyan Prakash Dandekar, Advocate. For Respondents No. 1 & 2 : None. For Respondent(s) No. : Mr. Azad Siddiqui, Advocate. 3/Insurance company Hon’ble Mr. Justice Amitendra Kishore Prasad 13/06/2025 Order on Board 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 27.06.2017 passed by the learned 7th Additional Motor Accident Claims Tribunal, Durg (C.G.), in Motor Accident Claim Case No. 0002246/2014 (“Smt. Usha Rani & Another Vs. Shivparsan Chouhan & Ors.”) whereby an amount of Rs. 7,42,500/- with interest @ 9% per 3 annum has been awarded in the favour of the claimants of the deceased for their irreparable loss. 2. The averment in the claim petition, in brief, is that on 23.06.2014 at about 10:30 a.m., the deceased Aparna Roy, aged about 39 year old healthy and young interior designer earning approximately Rs. 50,000/- per month, met with a fatal accident while returning from a medical check-up. The accident was occurred near Janta School, G.E. Road, Bhilai-3, whereas the offending truck bearing registration number W.B./23/C/3432, owned by respondent No. 2, insured by respondent No. 3, and being driven rashly and negligently by respondent No. 1, dashed into her, causing severe head injuries which led to her death. The appellants/claimants, being the mother and daughter of the deceased, filed a claim petition seeking compensation of ₹40,80,000 under various heads including loss of income, consortium, mental agony, love and affection, and funeral expenses, along with interest at 12% per annum from the date of filing. However, the learned Tribunal awarded only Rs. 7,42,500/- in total compensation, of which Rs. 15,000/- was granted to Appellant No. 2 towards love and affection and Rs. 6,92,500/- to Appellant No. 1. Therefore, the appellants/claimants of the deceased preferred an application claiming a total compensation of Rs. 40,80,000/-. 3. After considering the evidence and documents brought on 4 record, the tribunal assessed the income of the deceased at Rs. 4,500/- per month i.e. Rs. 54,000/- per annum. After adding 50 per cent towards future prospect i.e. Rs. 27,000/-, the annual dependency was taken as Rs. 81,000/-. After deduction of 1/2 of the income i.e. Rs. 40,500/- for personal expenses, the amount would be Rs. 40,500/- and considering the age of the deceased to be 39 years and the appellants/claimants are the mother and sister of the deceased, the Tribunal applied the multiplier of 15 and calculated the total loss of dependency as Rs. 6,07,500/-. Further Rs. 25,000/- towards funeral expenses, Rs. 1,00,000/- towards love and affection and Rs. 10,000/- towards loss of consortium has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 7,42,500/- in favour of the mother and sister of the deceased with interest @ 9% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 4. Learned counsel for the appellants/claimants submits that the claims Tribunal has awarded a sum of Rs. 7,42,500/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the claimants had pleaded the income of the deceased as Rs. 15,000/- per month but the learned Claims Tribunal has assessed the income of the 5 deceased only Rs. 4,500/- per month. He further submits that since the vehicle was plied in contravention of insurance policy as such the liability was fastened upon the owner. He further submits that vide enhancing the award the insurance company be directed the amount of award and the same shall be recovered from the owner and driver of the offending vehicle. He further submits that the compensation awarded under other heads is also on lower side and needs to be enhanced. Hence, this appeal may be allowed by enhancing the compensation amount suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 6. None for respondent Nos. 1 & 2. 7. Heard counsel for the parties and perused the record. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9. Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the 6 given facts and circumstances of the case. 10. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs. 15,000/- per month from her work, but no documentary evidence in this regard has been produced by the claimants. The learned claims Tribunal has assessed the income of the deceased as Rs. 4,500/- per month. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident, price index and cost of living etc. especially notification by Labour Department for minimum wages. Upon considering the aforementioned factors, I find it appropriate to take income of deceased as Rs. 5468/- per month as minimum wages, the annual income comes to Rs. 65,616/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 40% towards future prospects i.e. Rs. 26,246/-, the annual income comes to Rs. 91,862/-. 11. Considering the fact that the deceased was aged about 39 years and the appellant/claimants are the mother and sister of the deceased so deduction towards personal expenses would be 1/2 (Rs. 45,931/-) of the income and after deduction of the same the annual dependency comes to Rs. 45,931/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others 7 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 and also considering the age of the deceased, after applying multiplier of 15, the total loss of dependency works out to Rs. 6,88,965/-. The claimants are further entitled for Rs. 18,000/- towards loss of estate (increase of 10% in every three years) and Rs. 18,000/- for funeral expenses (increase of 10% in every three years). As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for Rs. 1,00,000/- for loss of love and affection and consortium. Accordingly, the appellants/claimants i.e. mother and sister of the deceased would become entitled for total compensation of Rs. 8,24,965/- in the following manner:- S.No. 01 02 Heads Calculation Towards loss of dependency Rs. 6,88,965/- Towards love and affection and Rs. 1,00,000/- consortium. 03 Towards loss of estate along Rs. 18,000/- with increase of 10% in every three years. 04 Towards Funeral Expenses Rs. 18,000/- along with increase of 10% in every three years. Total Rs. 8,24,965/- 8 12. Thus, the total compensation is recomputed as Rs. 8,24,965/-. After deducting Rs. 7,42,500/- as awarded by the tribunal, the enhancement would be Rs. 82,465/-. 13. In the result, the appeal is partly allowed. The claimants/appellants i.e. mother and sister of the deceased shall be entitled for the enhanced amount of Rs. 82,465/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 14. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi (Deonagri) language and the help of paralegal workers may be availed with a co-ordination of Secretary, State Legal Services Authority and the DLSA of the concerned area where the claimants resides. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat