In this miscellaneous appeal, the High Court was asked to enhance the motor accident compensation of Rs.9,09,500(-) awarded to the widow and minor children of a deceased Police Head Constable. The Court, finding no infirmity in the assessment of income, dependency, and multiplier, dismissed the appeal summarily.
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HiGH COURT OF CHHATTISGARH AT BILASPUR D1VISION BENCH.
'BLE SHRI RAJ 'BLE SHRI CHAN J.
Misc. Appeal No. 291 of 2006 1. Smt. Girja Sharma, W/o Late Devnarayan Sharma, Aged about 36 years. 2. Ku. Monika Sharma, D/o Late Deonarayan Sharma, aged about 17 yrs. 3. Yogesh Kumar, D/o Late Deonarayan Sharma, aged about 16 yrs. 4. Askhay, S/o Late Deonarayan Sharma, aged abut 13 yrs, Appellants no. 2,3&4 represented by iegal guardian mother appellant no.1 5. Smt. Shyam Kunwar, W/o Late Mohan Prasad Sharma, aged about 65 yrs., Ail resident of Village Panduka, Thana Rajim, Dist. Raipur Present address Village Dhansuli, Thana & Distt. Mahasamund (C.G.). Mohan Slngh Thakur, S/o Laskhman Non-Appllcants Singh Thakur aged abut 32 yrs. R/o Mandir Hasod, Distt. Raipur (C.G.) Heera Transport Co. Pvt. Ltd. Fafadih, Raipur (C.G.). 3 United India Insurance Co. Ltd. Main Branch Office Kachahari Chowk, Raipur District, Raipur (C.G.). MisceiSaneous Appeal under Section 173 of the Motor Vehicle
Mohan Slngh Thakur, S/o Laskhman Non-Appllcants Singh Thakur aged abut 32 yrs. R/o Mandir Hasod, Distt. Raipur (C.G.) Heera Transport Co. Pvt. Ltd. Fafadih, Raipur (C.G.).
Present: Shri C.R. Sahu, learned counset for the appellants.
(17th Juiy, 2009)
The following order of the Court was
1, •^.u'.
Shri C.R. Sahu, learned counsel for the appellants is heard on admission.
- Deceased Devnarayan Sharma was a Police Head Constable at the relevant time and was getting gross salary of Rs.8,2131- per 'month; whereas his net salary after permissible deductions was Rs.7,263/- per month. The Tribunal, therefore, assessed his income at Rs.7,263/- per month. By deducting 1/3 of the above income of the deceased towards his personal expenses, the claimants'
dependency was assessed to Rs.4,842/- per month which was rounded to Rs.5,000/- per month and Rs.60,000/- per annum.
dismissed summarily.
Sd/Sd/Rangaath Chandrakar ChiefJustice Judge
subbu
2 issues framed by the court
Whether the compensation of Rs.9,09,500(-) awarded by the Tribunal warrants enhancement considering the deceased's income and age.
Whether the multiplier of 15 selected by the Tribunal considering the deceased's age is appropriate.
Colour shows how this judgement treated each authority
Nsw India Assurance Co. Ltd. Vs. Kalpana and othersReferred¶18
2007 ACJ 825
1 provisions across 1 enactments
Smt. Girja Sharma & Ors.
Rangaanth Chandrakar
Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
