Allowed

Ratan Das Banjare and Others v. Baldau and Others

Chhattisgarh HC13 Jun 2012MAC/325/2009

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a plaintiffs appeal in part against an award for compensation on death in a motor accident case. The Court enhanced the statutory compensation from 1,46,500/- to 1,91,000/- by re-assessing the deceased income to 24,000/- annually and upholding the multiplier of 11, directing the insurer to deposit the additional amount.

What did the court decide?

The compensation awarded by the Tribunal was enhanced from Rs.1,46,500/- to Rs.1,91,000/- to include enhanced dependency, funeral, loss of estate, and loss of consortium, along with quantified interes

Ratan Das Banjare and Others Vs Baldau and Others — Motor Accident Claims | Chhattisgarh HC (2012)

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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 SHRIRANGNATH CHANDRAKAR, J,

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M	isc. Ap	peal (C) No. 325 of2009
Appellants	1.	Ratan Das Banjare s/o Kansiram Banjare, aged about 50 years,
	2.	Hemant Banjare, s/o Ratan Das Banjare, aged about25 years,
	3.	Satya Prakash Banjare, s/o Ratan Das Banjare, aged about 23 years,
	4.	Virendra Banjare, s/o Ratan Das Banjare, aged about20 years,
	5.	Jaiprakash Banjare, aged about 18 years,
		All r/o village Karesara, P.S./ Tehsil Mungeli, distt. Bilaspur.
		VERSUS
Respondents	1.	Baldau, s/o Mantram, r/o Bhatpara, Kawardha, P.S. Kawardha, distt. Kawardha, (Driver)
	2.	Arun Kumar Lath, s/o Harishankar Lath, Sarvamangala Bus Service, Bus Stand Bilaspur (Owner)
	3.	The Oriental Insurance Company Ltd. Bilaspurdistt. Bilaspur (Insurer)

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Memo ofappeal under Section173^of lyiotorVehicle^Act

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,^y.

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Present: Shri Ashish Shrivastava and Shri Afroz Khan, counsel for the appellants. Shri M.K. Bhaduri, counsel for respondent No.1

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.A.C.NO. 325 of 2009

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None for respondent No.2. Shri A.K. Athaley, counsel for respondent No.3.

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ORDER (13th June, 2012)

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The following order of the Court was passed by Rajeev Gupta, C.J.

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This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Mungeli, district Bilaspur (for short 'the Tribunal') vide award dated 18.11.2008, passed in Claim Case No.36/2008.

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As against the compensation of Rs. 19,50,0007- claimed by the appellants/claimants, unfortunate husband and children of deceased Smt. Ansh Kumari, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 28.02,2008, the Tribunal awarded a total sum of Rs.1,46,500/- as compensation along with interest @ 7% 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 scrutinyof the entire evidence led before it held that deceased Smt. Ansh Kumari died on account of the injuries sustained by her in the motor accident on 28.02.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration No.C.G.10/G-163;as the above offending vehicle Bus, on the date ofthe aecident, was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any

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.A.C.No. 325 of 2009

breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants.

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As the insurer of the above offending vehicle Bus has not filed any appeal against the impugned award challenging the above findings recorded by the Tribunal, the same now have attained finality.

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The Tribunal assessed the income of the deceased at Rs.18,000/per annum. By deducting 1/3ri of Rs.18,000/towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.12,000/per annum. By multiplying the annual dependency of Rs.12,000/with the multiplier of 11, the compensation was worked out to Rs.1,32,000/-. By awarding further sum of Rs.14,500/- under other heads, the Tribunal awarded a total sum of Rs.1,46,500/- as compensation to the claimants for the death of deceased Smt. Ansh Kumari in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,46,500/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment.

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Shri Ashish Shrivastava and ShriAfroz Khan, 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 assessing her income at Rs.18,000/- per annum only; in selecting the lower multiplier of 11; andin awarding low compensation of Rs.1,46,500/- only.

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MAC.No. 325 of 2009

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Shri A.K. Athaley, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Bus, on the other hand, supported the award and contended that as the claimants could not establish any regular and definite income of the deceased, the compensation of Rs.1,46,500/awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri M.K. Bhaduri, learned counsel for respondent No.1 Baldau, the driver of the offending vehicle Bus, also supported the award.

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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, nora Bonanza.

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Now we shall examine as to whether the compensation of Rs.1,46,500/awarded by the Tribunal is justand proper compensation in the facts and circumstances of the present case. 1.1) True, the claimants pleaded that deceased Smt. Ansh Kumari used to earn Rs.5,000 - 6,000/- per month by stitching clothes and other agricultural work, no cogent and reliable evidence was led before the Tribunal for establishing the income of the deceased to the extent of Rs.5,000 - 6,000/- per month. 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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M.A.C.NO. 325 of 2009

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Nevertheless, the income of the deceased assessed by the Tribunal at Rs.18,000/- per annum in the year 2008 is certainly on the lower side and requires reconsideration.

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Considering that deceased Smt. Ansh Kumari was aged about 50 years on the date of the accident, we are of the opinion that she could have easily earned Rs.65-70/- per day even by working as an unskilled labour in the village. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum.

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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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Multiplier of 11 selected by the Tribunal considering the age of the deceased and her husband, claimant No.1 Ratan Das Banjare, in our opinion, is appropriate in the facts and circumstances of the present case.

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By multiplying the annual dependency of Rs.16,000/- with the multiplier of 11 the compensation works out to Rs.1,76,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the husband. The claimants, thus, become entitled to receive a total sum of Rs.1,91,000/- as compensation for the death of deceased Smt. Ansh Kumari in the motor

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accident.

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M.A.C. No. 325 of 2009

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The claimants are further awarded a sum of Rs.6,500/towards quantified amount of interest on the enhanced amount of compensation of Rs.44,500/-.

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For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancementof the compensation is allowed in part. The compensation of Rs.1,46,500/- awarded by the Tribunal is enhanced tp Rs.1,91,000/- with further quantified amount of interest of Rs.6,500/- on the enhanced amount of compensation of Rs.44,500/-.

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Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.51,000/(Rupees fifty one thousand only) (Rs.44,500/towards enhanced amount of compensation + Rs.6,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.44,500/-) before the concerning Claims

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Tribunal.

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No order as to costs.

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Sd/Sd/Chief Justice Rangnath Chandrakar Judge

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Ratan Das Banjare and Others v. Baldau and Others

Case brief

What is this about?

What did the court decide?

Ratan Das Banjare and Others v. Baldau and Others

Case brief

What is this about?

What did the court decide?

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