Ku. Laxmi Sahu v. Chunni Lal

4 - Ku. Laxmi Sahu D/o Shri Goverdhan Prasad Sahu Aged About 19 Years R/o Village Janjgiri (B. M. Y.) Charoda, Thana- Bhilai-3, Tehsil Dhamdha, District Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Appellant(s) versus 1 - Chunni Lal S/o Hemanto Kumar Gopala Aged About 30 Years R/o Angoi Boni, Thana Jhadgram District Medinipur (West Bangal), Kolkata. .............Driver Of The Vehicle Trailer Bearing Registration No. C. G. 04/d.M/5161., District : Kolkata, West Bengal 2 - Kirandeep Singh S/o Devinder Singh R/o Sakin Gali, No. 04, Shayam Nagar, Raipur, District Raipur, Chhattisgarh. .........Owner Of 2 The Vehicle Trailer Bearing Registration No. C. G. 04/d. M. /5161, District : Raipur, Chhattisgarh 3 - The Oriential Insurance Company Limited Hindustan Building Bisutpur, Jamshedpur (Jharkhand) Through Mandal Office- The Oriental Insurance Company Limited Near Rajendra Park Chowk G. E. Road, Durg, Tehsil And District Durg, Chhattisgarh. ............Insurer Of The Vehicle Trailer Bearing Registration No. C. G. 04/ D. M. /5161)., District : Durg, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Avinash Chand Sahu, Advocate. For Respondent(s) No. 1 & 2 : None. For Respondent No. 3 : Mr. Raj Awasthi, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad 05/12/2025 Order on Board

#1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 25.8.2018 passed by the learned 2nd Additional Motor Accident Claims Tribunal, Durg, (C.G.) to the Court of 1st Additional Motor Accident Claims Tribunal, Durg, (C.G.), in Motor Accident Claim Case No. 396/2016 whereby an amount of Rs. 5,80,000/- with interest @ 7% 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 filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs. 41,95,000/- from the respondents under various heads on account of the death of Sharad Kumar Sahu, 3 who was the son of appellant Nos. 1 and 2 and the brother of appellant Nos. 3 and 4. It was submitted in the claim petition that on 21.08.2015, the deceased, while returning home from his workplace, Sunil Sponge and Power Limited, on his bicycle, was hit near S.K.S. Turning by a trailer bearing registration No. CG-04 DM 5161, driven by respondent No. 1 in a rash and negligent manner, resulting in grievous injuries to his head, mouth, ear, and other parts of the body, leading to his death on the spot. It was further submitted that at the time of his death, the deceased was aged about 24 years and earning Rs. 7,500/- per month and Rs. 90,000/- per annum. After hearing the parties, the learned Claims Tribunal assessed the annual income of the deceased at Rs. 60,000/-, deducted one-third towards his personal expenses, and assessed the dependency at Rs. 5,40,000/- by applying the multiplier of 18, further granting Rs. 40,000/- under other conventional heads, thereby awarding a total sum of Rs. 5,80,000/- as compensation. The Tribunal also held that at the time of the accident, respondent No. 1 did not possess a valid and effective driving licence, and therefore, the insurance company was exonerated from liability, fastening the responsibility of paying compensation on the driver and owner of the offending vehicle.

#3. The tribunal assessed the income of the deceased at Rs. 5,000/- per month i.e. Rs. 60,000/- per annum. After deduction of 1/2 of the income i.e. Rs. 30,000/- for personal expenses, the amount would be Rs. 30,000/- and considering the age of the deceased to 4 be 24 years and the appellants/claimants are the parents and sisters of the deceased, the Tribunal applied the multiplier of 18 and calculated the total loss of dependency as Rs. 5,40,000/-. Further Rs. 40,000/- towards loss of consortium has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 5,80,000/- in favour of the parents and sisters of the deceased with interest @ 7% 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. 5,80,000/- 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. driver and owner of the offending vehicle.

#7. I have heard learned counsel for the parties and perused the material available on record. 5

#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 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. 5,000/- 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. 5,787/- per month as per minimum wages, the annual income comes to Rs. 69,444/- 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. 27,778/-, the annual income comes to Rs. 97,222/-.

#11. Considering the fact that the deceased was aged about 24 years 6 and the appellant/claimants are the parents and sisters of the deceased so deduction towards personal expenses would be 1/2 (Rs. 48,611/-) of the income and after deduction of the same the annual dependency comes to Rs. 48,611/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others 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 18, the total loss of dependency works out to Rs. 8,74,998/-. 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. parents and sisters of the deceased would become entitled for total compensation of Rs. 11,02,998/- in the following manner:- S.No. 01 02 Heads Calculation Towards loss of dependency Rs. 8,74,998/- Towards consortium along with Rs. 1,92,000/- with increase of 10% in every three years (40,000X4+10% +10%). 7 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. 11,02,998/-

#12. Thus, the total compensation is recomputed as Rs. 11,02,998/-. After deducting Rs. 5,80,000/- as awarded by the tribunal, the enhancement would be Rs. 5,22,998/-.

#13. In the result, the appeal is partly allowed. The claimants/appellants i.e. parents and sisters of the deceased shall be entitled for the enhanced amount of Rs. 5,22,998/- 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