Appeal against Motor Accident Claims Tribunal award of Rs.1,37,000 in a death claim. Court recalculated loss of dependency at Rs.3,36,000 and added conventional heads, allowing additional Rs.3 lakhs.
Additional compensation of Rs.3 lakhs awarded with interest at 9% per annum; original condition on recovery from driver/owner remains intact.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MAC No. 966 of 2013
All R/o Bhatagaon, Raipur In Front Of Chhirapara Bramhadev Mandir), Civil and Revenue District Raipur C.G.
---- Appellants
Versus
(Driver of offending vehicle Motor Cycle No.CG-04-CN/7584)
(Owner of offending vehicle Motor Cycle No.CG-04-CN/7584)
---- Respondents
For Appellant : Shri Amiyakant Tiwari, Advocate. For Respondent No.1 & 2 : Shri Shivendu Pandya, Advocate. For Respondent No.3 : Shri Dashrath Gupta, Advocate.
Hon'ble Shri Justice Pritinker Diwaker
Hon'ble Shri Justice R.P. Sharma,
Judgment On Board By Justice Pritinker Diwaker
04/08/2017
This appeal arises out of the award dated 14.8.2013 passed by Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.210/2012 whereby in a death case awarding compensation of
Rs.1,37,000/- in favour of the claimants who are husband and sons of the deceased.
enhancement.
As regards the other conventional heads i.e. loss of estate, loss of consortium, loss of love and affection, funeral expenses etc., in the facts and circumstances of the case, we are of the opinion that a total sum of Rs.1 lakh under the aforesaid conventional heads would be just and proper. It is awarded accordingly.
The appeal is accordingly disposed of with modification in the impugned award to the above extent.
However, the condition as has been imposed by the Tribunal regarding payment of compensation by the insurance company to the claimants and then recovering the same from the driver and owner/respondents No. 1 & 2 shall remain intact and be applicable to this enhanced compensation also as the said finding has already been affirmed by the High Court in the appeals preferred by the owner and driver.
Sd/ Sd/
(Pritinker Diwaker) (R.P. Sharma) Judge Judge
Khan
2 issues framed by the court
Whether the impugned award of compensation is inadequate and requires enhancement?
Whether the Tribunal correctly calculated the loss of dependency and other heads of compensation?
Kartik Ram S/o Late Budhram Dhivar
Nehru S/o Kartikram Dhivar
Bhuneshwari S/o Kartikram Dhivar
Pankaj Kumar S/o Bihari Lal Sahu
Bihari Lal S/o Tirath Ram Puriya
United India Insu. Co. Ltd.
Pritinker Diwaker
R.P. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
