The High Court allowed the claimants' appeal in part, enhancing compensation for motor accident death death. The court recomputed income based on gross salary advice from precedents, upgrading the multiplier, and quantified interest on the enhanced amount.
Compensation enhanced to Rs.5,75,000 with interest of Rs.14,120.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| HIGH COURT OF D |
CHHATTISGARH AT BILASPUR IVISION BENCH |
|---|---|
| CORAM: HON'BLESH HON'BLE SH Misc. Ap |
RI RAJEEVGUPTA, C.J. & RI N.K. AGARWAL, J. peaKC) No. 441 of2007 |
| Applicants Claimants 1. |
Smt. Binda Bai aged 39 years w/o late Tularam |
| 2. | Smt. Bhagin Bai aged 60 years mother oflate Tularam |
| 3. | Ku. Seema aged 20 years d/o late Tularam |
| 4. | Ku. Vandana aged 1O years d/o late Tularam |
| 5. | Triloki Das aged 7 years d/o late Tularam (Mother and natural guardian claimant no.1 on behalf of appellant no. 4 & 5) All above R/o GramSim, P.S. Utai Bhilai, district Durg C.G. VERSUS |
| Respondents Non-claimants 1. |
Ramkumar aged 42 years s/o Kanhaiyal Lal R/o Shakti Nagar, near Pandey Para lake P.S. Mohan Nagar, Durg C.G. Office .Address Manager, Durg Sahakari Vipdan Samiti, in front of Dhamdha Naka (F.C.I.) District Durg C.G. (Driver of offending vehicle Truck Reg No. C.G.07/ZB/0604) |
| 2. | Manager, Durg Sahakari Vipdan Samiti Maryadit, in front of Dhamdha Naka F.C.I. District Durg C.G. (Owner of offending vehicle Truck Reg No. C.G.07/ZB/0604) |
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M,A.C.No.441of2007
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3 The Oriental Insurance Company Ltd. through Branch Manager, Malviya Nagar Durg district Durg C.G. (Insurance Company of offending vehicle Truck Reg NO.C.G.07/ZB/0604)
Mjsc.ABBeal under Section 173 ofthe MotorVehicIe Act.
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Present: Shri D.K. Vishwakarma, counsel for the appellants. Shri Manoj Jaiswal, counsel for respondents
No. 1 and 2.
Shri Manish Upadhyaya, counsel for respondent No.3.
ORDER
th
(09mAugust,2011)
The following order of the Court was passed by
Rajeev Gupta, C.J.
L..
This is claimants' appeal for enhancement of the compensation awarded by the Ninth Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 28.11.2006, passed in Claim Case No. 135/2005. 2) As against the compensation of Rs.48,00,200/- claimed by the appellants/ claimants, unfortunate widow; minor children and mother of deceased Tularam, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accidenton 08.02.2005, the Tribunal awarded a total sum of Rs.4,54,120/- as compensation along with interest @ 6% per annum from thedate of filing ofthe claim petition.till the date ofactual payment.
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M.A.C. No.441 of 2007
before it held that deceased Tularam diedon account'ofthe injuries sustained by him in the motor accident on 08.02.2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Metador bearing registration No.CG07/ZB-0604; as the above offending vehicle Metador on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company coUld not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants.
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4
M.A.C.No.441 of 2007
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submitted that the Tribunal has erred in assessing the income of the deceased at Rs.3,476/- per month only though the gross-salary of the deceased according to his salary ceri:ificate was Rs.5,352/- per month; and in awarding low compensation of Rs.4,54,120/- only.
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M.A.C. No.441 of 2007
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Company Limited versus Indira Srivastava and Others, reported in (2008) 2 SCC 763. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs.5,000/- per month and Rs.60,000/-per annum.
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M.A.C. No.441 of 2007
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interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself.
theconcerning Claims Tribunal.
Sd/Chief Justice
Sd/N.K.Agarwal Judge
subbu
2 issues framed by the court
Whether the compensation awarded by the Tribunal should be enhanced based on a recomputed income of the deceased.
Whether the multiplier used by the Tribunal was appropriate given the age of the deceased.
Colour shows how this judgement treated each authority
National Insurance Company Limited versus Indira Srivastava and OthersRelied on¶31
(2008) 2 SCC 763 · Who else cites this
Sarla Verma (Smt) and Others Versus Delhi Transport CorporationRelied on¶37
(2009) 6 SCC 121 · Who else cites this
2 provisions across 2 enactments
Smt. Binda Bai
Smt. Bhagin Bai
Ku. Seema
Ku. Vandana
Triloki Das
Ramkumar
Rajeev Gupta
N.K. Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
