Partly allowed

Smt. Ombati Singh and Ors. v. Gurudayal Sinha and Ors.

Chhattisgarh HC2 Aug 2011MAC/606/2008

Case brief

AI extract

What is this about?

The High Court allowed the claimants' appeal in part, revising the death compensation for a motor accident. It enhanced the awarded amount from Rs.1.5 lakh to Rs.2.23 lakh by reassessing the deceased's income and awarded additional interest.

What did the court decide?

Compensation increased to Rs.2,23,000; interest on enhancement fixed at Rs.7,000. Insurer directed to deposit Rs.80,000 within three months.

Smt. Ombati Singh and Ors. Vs Gurudayal Sinha and Ors. — Insurance | Chhattisgarh HC (2011)

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HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH

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CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J.

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Misc Appeal (0 No.606 of 2008

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Appellants 1 Smt Ombati Singh, w/o late Pahalwan Claimants Singh, aged about 44 years

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2 Satender Singh, s/o late Pahalwan Singh, aged about 16 years (minor)

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3 Ku Manju Singh, d/o late Pahalwan Singh, aged about 06 years (minor)

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Appellant No.2 and 3 being minor on behalf of through their legal guardian mother appellant No.1 Smt Ombati Singh

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All r/o Panchvati Nagar, Kanpa, Police Station - Mova, Raipur, Tehsil & District - Raipur (CG)

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VERSUS

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Respondents Gurudayal Sinha, s/o Mangal Ram Non-apRlicants Sinha, aged about 23 years, r/o Mangal Bajar, Abhanpur, Police Station Abhanpur, District Raipur (CG)

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Pawan Kumar Farikar, s/o Jeevan Lal Farikar, r/o Bade Urla, Abhanpur, District Raipur (CG)

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The New India Insurance Company Limited through Divisional Manager, Divisional Office, Kutehery Chowk, Ripur District Raipur (CG)

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MLscellaneous appeal under Section 173 of the Motor Vchrcies Acj;

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AC.No. 606 of 2008

Present : Shri Md Tariq Haider, counsel for the appellants.

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Shri Suresh Tandon, counsel for respondents No.1 and2.

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Shri HP Agrawal, counsel for respondent No.3.

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ORDER »nd (02naAugust,2011)

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The following order of the Court was passed by

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Rajeev Gupta, C.J.

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This is ctaimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Raipur (for short^'the Tribunal') vide award dated 16.01.2008, passed in Claim Case No.21/2007.

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As against the compensation of Rs.11,00,000/- claimed by the appellants/claimants, unfortunate widow and children of deceased Pahalwan Singh by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 02.12.2006, the Tribunal awarded a total sum of Rs.1,50,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

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The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Pahalwan Singh died on account of the injuries sustained by him in the motor accident on 02.12.2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.CG-04 T/2168; as the above offending vehicle Jeep on the date of the

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[

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MAC.No. 606 of 2008

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accident was insured with the New India 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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As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality.

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The Tribunal assessed the income of the deceased at Rs.15,000/- per annum on the basis of notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. By deducting 1/3rd of Rs. 15,0007- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/By multiplying the annual per annum. dependency of Rs.10,000/with the multiplier of 13, the compensation was worked out toRs.1,30,000/-. By awarding further sum of Rs.20,000/under other heads, the Tribunal awarded a total sum of Rs.1,50,000/- as compensation to the claimants for the death of deceased Pahalwan Singh in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,50,000/- @ 6% per annum from the date of the filing of the claim petition till the date of actual payment.

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Md Tariq Haider, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in

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MAC.No. 606 of 2008

assessing his income at Rs.15,000/- per annum only; and in awarding low compensation of Rs.1 ,50,000/- only.

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Shri HP Agrawal, learned counsel for respondent No.3 the New India Insurance Company Limited, the insurer ofthe offending vehicle Jeep on the other hand supported the award and contended that thecompensation of Rs.1 ,50,000/-, awarded by the Tribunal is just and proper compensation in the facts and circumstances of the case.

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Shri Suresh Tandon, learned counsel for respondents No.1 Gurudayal Sinha and 2 Pawan Kumar Farikar, the driver and owner of the offending vehicle also supported the award.

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True, the claimants pleaded that deceased Pahalwan Singh used to earn Rs.84,000/- per annum by selling readymade clothes in different villages, no cogent and reliable evidence was led before the Tribunal for establishing the above occupation of the deceased and his income to the extent of Rs.84,000/- per annum. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of "the deceased.

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Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2006 is too low and requires reconsideration.

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Considering that deceased Pahalwan Singh was aged about 48-50 years on the date of the accident, we are of the opinion that, he could have easily earned Rs.70-75/- per day even by working as an unskilled labour in the year 2006. We therefore, propose to

MAC.No. 606 of 2008

f^ ^'

re-compute the compensation by taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 12) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/- per annum.

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The multiplier of 13 selected by the Tribunal considering that deceased Pahalwan Singh was aged about 48-50 years is appropriate in view of the dictum of the Apex Court in the case of Sarla Verma and others Versus Delhi Transport (Smt) Corporation and another reported in (2009) 6 Supreme Court Cases 121, wherein multiplier of 13 has been prescribed for the age group between 46-50 years.

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By multiplying the annual dependency of Rs.16,000/- with the multiplier of 13, the compensation works out to Rs.2,08,000/-. By awarding further sum of Rs.5,000/- towards funeral expenses; Rs.5,000/- towards loss of consortium to the widow; and Rs.5,000/for loss of estate the claimants become entitled to receive a total sum of Rs.2,23,000/- as compensation for the death of deceased Pahalwan Singh in the motor accident. 15) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amourtt of compensation may be quantified in this appeal itself.

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Considering all the relevant aspects of the matter including the delay in di§cosalofthe claim petition and the present appeal

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MAC.No. 606 of2008

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and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.73,000/- at Rs.7,000/-.

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For the foregoing reasons, the appeal filed by the appellants/ claimants fpr enhancement of the compensation is allowed in part. The compensation of Rs.1,50,000/- awarded by the Tribunal is enhanced to Rs.2,23,000/- with further quantified amount of interest of Rs.7,000/on the enhanced amount of compensation of

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Rs.73,000/..

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Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.80,000/(Rs.73,000/towards enhanced amount of compensation⁺ Rs.7,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.73,000/-) before the concerning Claims Tribunal.

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No order as to costs.

Sd/)Chief Justice

Sd/N.KAgarwaI Judge

padma

N
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Smt. Ombati Singh and Ors. v. Gurudayal Sinha and Ors.

Case brief

What is this about?

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Smt. Ombati Singh and Ors. v. Gurudayal Sinha and Ors.

Case brief

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