Nafr High Court
Case Details
1 RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2025:CGHC:45062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1226 of 2018 1 - Smt. Gangi Podiyami Wd/o Late Bhimaram Podiyami Aged About 22 Years R/o Village Pondum Tahsil Chhindgarh District Sukma Chhattisgarh., District : Sukuma, Chhattisgarh 2 - Podiyami Amin S/o Late Bhimaram Podiyami Aged About 2 Years Appellant No. 2 Is Minor Therefore Represented Through Natural Guardian Smt. Gangi Podiyami ( Mother ) , R/o Village Pondum Tahsil Chhindgarh District Sukma Chhattisgarh., District : Sukuma, Chhattisgarh 3 - Kosaram Podiyami S/o Late Hadmaram Podiyami Aged About 47 Years R/o Village Pondum Tahsil Chhindgarh District Sukma Chhattisgarh., District : Sukuma, Chhattisgarh
Legal Reasoning
4 - Smt. Sukari Podiyami W/o Kosaram Podiyami Aged About 45 Years R/o Village Pondum Tahsil Chhindgarh District Sukma Chhattisgarh., District : Sukuma, Chhattisgarh ... Appellant(s) 2 versus 1 - Budhram Nag S/o S/o Muka Nag Aged About 45 Years R/o Village Birasthpal Tahsil Chhindgarh District Sukma ( Chhattisgarh ) ( Driver Of The Vehicle ), Chhattisgarh. 2 - Gangaram Nag S/o Bhimaram Nag Aged About 31 Years R/o Pakela ( Pedapara ) Tahsil Chhindgarh District Sukma Chhattisgarh. ( Woner Of The Vehicle ), District : Sukuma, Chhattisgarh. 3 - The Branch Manager, Ifco Tokyo General Insurance Co. Ltd. Branch Office Shop No. 205 Second Floor M S Silver Plaza Near Mines Office Mahavir Nagar Ring Road No. 1 Raipur District Raipur Chhattisgarh. ( Insurer ), District : Raipur, Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. Vikas Patel, Advocate on behalf of Mr. Pravin Kumar Tulsyan, Advocate. For Respondent(s) No. : None. 1 & 2 For Respondent No. 3 : Mr. Mayank Mulchandani, Advocate on behalf of Mr. P. R. Patankar, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 03/09/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 5.1.2018 passed by 3 the learned First Additional Motor Accident Claims Tribunal, South Bastar, Dantewada (C.G), in Claim Case No. 48/2016 whereby an amount of Rs. 10,07,200/- with interest @ 6% per annum has been awarded in the favour of the claimants of the deceased for their irreparable loss. 2. Brief facts of the case, is that, the appellants, being the legal heirs of the deceased Late Bhimaram Podiyami, comprising t widow, son, and parents have fled the claim petition The respondents are the owner, driver and insurer respectively of the tractor bearing registration No. CG-18/K/4637 involved in accident. On 10.01.2016 while the deceased was walking along the road, respondent No.1 who was driving the said tractor in a rash and negligent manner dashed against him causing grievous injuries on various parts of his body leading to his death The matter was reported to the concerned Police Station. pursuant to which a criminal case was registered against respondent No 1, and a charge sheet was filed before the competent court At the time of the incident, the deceased was about 22 years of age working as a skilled mason earning Rs 7,500/- per month, and his entire family was dependent upon his income Owing to his untimely and unnatural death, the claimants filed a petition before the learned First Additional Claims Tribunal South Bastar at Dantewada (CG). Upon service of notice, the respondents 4 appeared before the Tribunal and resisted the claim The learned Claims Tribunal, after considering the pleadings, framing four issues for adjudication, and recording the evidence of the claimants witnesses, finally passed an award on 05.01.2018 granting compensation to the tune of Rs. 10,07,200/- in favour of the claimants. 3. The tribunal assessed the income of the deceased at Rs. 4,500 per month i.e. Rs. 54,000/- per annum. After adding 40% towards future prospects i.e. Rs. 21,600/ the annual income comes to Rs 75,600/- After deduction of 1/3 of the income i.e. Rs 25,200/- for personal expenses the amount would be Rs 50,400/- and considering the age of the deceased to be 22 years and the appellants/claimants are the wife son and parents of the deceased the Tribunal applied the multiplier of 18 and calculated the total loss of dependency as Rs 9,07,200/- Further Rs. 15,000/- towards funeral expenses, Rs 15,000/- towards loss of estate, Rs. 30,000/- towards love and affection and Rs. 40,000/- towards loss of consortium has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs 10,07,200/- in favour of the wife, son and parents of the deceased with interest @ 6% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 5 4. Learned counsel for the appellants/claimants submits that the claims Tribunal has awarded a sum of Rs. 10,07,200/- which is not in accordance with law and the same is required to be enhanced in accordance with law 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 i.e. diver and owner of the offending vehicle. 7. I have heard learned counsel for the parties and perused the material available on 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 given facts and circumstances of the case. 10. As regards the income of the deceased, though the claimants 6 have pleaded that the deceased was earning Rs 7,500/- per month from his 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 5,860/- per month as per minimum wages, the annual income comes to Rs. 70,320/- 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 28,128/-, the annual income comes to Rs. 98,448/-. 11.Considering the fact that the deceased was aged about 22 years and the appellant/claimants are the wife, son and parents of the deceased so deduction towards personal expenses would be 1/4 (Rs. 24,612/-) of the income and after deduction of the same the annual dependency comes to Rs. 73,836/-. In view of judgment of the Hon'ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in 7 (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 Pranay Sethi and Others, (2017) 16 SCC 680 and also considering the age of the deceased, after applying multiplier of 18. the total loss of dependency works out to Rs. 13,29,048/-. 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. (40,000X4+10%+10%) each (with increase of 10% in every three years) i.e. Rs. 1,92,000/- for consortium Accordingly, the appellants/claimants i.e. wife, son and parents of the deceased would become entitled for total compensation of Rs. 15,57,048/- in the following manner.- S.No. 01 02 Heads Calculation Towards loss of dependency Rs. 13,29,048/- Towards consortium along with Rs. 1,92,000/- with increase of 10% in every three years (40,000X4+10% +10%). 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 8 every three years. Total Rs. 15,57,048/- 12.Thus, the total compensation is recomputed as Rs. 15,57,048/-. After deducting Rs. 10,07,200/- as awarded by the tribunal, the enhancement would be Rs. 5,49,848/-. 13.In the result, the appeal is partly allowed. The claimants/appellants i.e. wife, son and parents of the deceased shall be entitled for the enhanced amount of Rs. 5,49,848/- 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. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat