Partly allowed

Jageshwar Ram and Ors. v. Manoj Kumar Singh and Ors.

Chhattisgarh HC17 Aug 2018MAC/50/2015

Case brief

AI extract

What is this about?

The High Court allowed an appeal under the Motor Vehicles Act against a Motor Accidents Claims Tribunal award. The Court held that the deceased's income calculation was too low, applied a minimum wage presumption, and increased compensation to Rs. 2,10,000, modifying the Tribunal's award while keeping the remainder intact.

What did the court decide?

Respondent No. 3 to pay Rs. 2,10,000 as compensation with 9% interest failing payment within 60 days; other part of the award intact.

Jageshwar Ram and Ors. Vs Manoj Kumar Singh and… — Motor Accident Claims | Chhattisgarh HC (2018)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MAC No. 50 of 2015

¶5

Jageshwar Ram S/o Late Durga Ram Aged About 40 Years R/o VillageJokari, P.S. Jashpur, Tah. Jashpur, Distt. Jashpur C.G., Chhattisgarh

¶6

Smt. Anjani Bai W/o Jageshwar Ram Aged About 36 Years R/o VillageJokari, P.S. Jashpur, Tah. Jashpur, Distt. Jashpur C.G., District : Jashpur, Chhattisgarh

¶7

Minor Nandlal S/o Jageshwar Ram Aged About 15 Years Thru- Next Friend Jageshwar Ram, R/o Village- Jokari, P.S. Jashpur, Tah. Jashpur, Distt. Jashpur C.G., District : Jashpur, Chhattisgarh

¶8

Minor Suganti D/o Jageshwar Ram Aged About 10 Years Thru- Next Friend Jageshwar Ram, R/o Village- Jokari, P.S. Jashpur, Tah. Jashpur, Distt. Jashpur C.G., District : Jashpur, Chhattisgarh

¶9

Minor Vinod S/o Jageshwar Ram Aged About 7 Years Thru- Next Friend Jageshwar Ram, R/o Village- Jokari, P.S. Jashpur, Tah. Jashpur, Distt. Jashpur C.G., District : Jashpur, Chhattisgarh

¶10

Minor Premchand S/o Jageshwar Ram Aged About 5 Years Thru- Next Friend Jageshwar Ram, R/o Village- Jokari, P.S. Jashpur, Tah. Jashpur, Distt. Jashpur C.G., District : Jashpur, Chhattisgarh

¶11

---- Appellants

¶12

Versus

¶13

Manoj Kumar Singh S/o Late Mahatam Singh Aged About 45 Years R/o Shukla Colony Hinu, Rachi Jharkhand, Jharkhand

¶14

Karnel Singh S/o Late Najir Singh Aged About 50 Years Occupation Driver R/o Gurudwara Basti, P.S. Sachi, Jamshedpur, Distt. Tata J.H., District : Jamshedpur, Jharkhand

¶15

Chola Mandalum General Insu.Co.Ltd. Regional Office And Branch Office Simran Tower, Second Floor, In Front Of Bharti Jeevan Bima Nigam, Pandari, Raipur C.G., District : Raipur, Chhattisgarh

¶16

---- Respondents

¶17

For Appellants	: Shri Aditya Chopra, Advocate
For Respondent No.3	: Shri G.S. Patel, Advocate

¶18

¶19

Hon'ble Shri Justice Ram Prasanna Sharma Order on Board

¶20

17/8/2018

¶21

This appeal is preferred under Section 173 of the Motor Vehicles Act, 1988 (for short, “the Act, 1988”) against the award dated 19.11.2014, passed by the Motor Accidents Claims Tribunal (FTC) (for short, “the Tribunal”), Jashpur, District Jashpur (CG) in Claim Case No. 21/2014, wherein the said Tribunal has awarded a sum of Rs.1,00,000/- to the appellants/claimants on account of death of one Durga Ram in a motor accident on 27.8.2012.

¶22

Learned counsel for the appellants submits that the calculation of notional income of the deceased to the tune of Rs.3,000/- per month is on lower side.

¶23

In the present case, date of incident is 27.8.2012. There is presumption of earning of deceased Durga Ram. Anyone, who can earn money, cannot earn less than minimum wages prevailing at the time of incident. In view of this Court, presumption of minimum wages of Rs.200/per day on the date of incident would be proper. It comes to Rs.6,000/- per month and Rs.72,000/- per annum. As the claimants are son, wife and children of his son, it is clear from the record that only son of the deceased was dependant upon him and rest of the applicants are Legal Representatives of his son, therefore, deduction of ½ from his income by the Tribunal is proper and dependency comes to Rs.36,000/- per year. As the age of the deceased was 65 years, multiplier of 5 will be applied, which comes to Rs.1,80,000/- and Rs.15,000/- is awarded on account of loss of

¶24

¶25

estate and Rs.15,000/- is awarded on account of funeral expenses, in all, the appellants/claimants are entitled for a compensation of Rs.2,10,000/-.

¶26

Accordingly, the appeal is partly allowed. The award of the Tribunal is modified as under :

¶27

(i) Respondent No.3/Insurance Company shall pay Rs.2,10,000/towards compensation to the appellants/claimants within 60 days from the date of order of this Court, failing which, interest @ 9% shall be charged.

¶28

(ii) The other part of the award passed by the Tribunal shall remain intact. Sd/

¶29

(Ram Prasanna Sharma)

¶30

Judge

¶31

sunita

Jageshwar Ram and Ors. v. Manoj Kumar Singh and Ors.

Case brief

What is this about?

What did the court decide?

Jageshwar Ram and Ors. v. Manoj Kumar Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Div.Man.United India Insu.Co.Ltd.and Anr. Vs Pawan Kumar Agrawal

Kapil Singh Verma Vs Radha Bai and Ors.

Vinod Kumar Vs Mohit and Ors.

Meena Rai Vs Neeta

Tiharuram Sahu Vs State of Chhattisgarh

Smt. Rukmani Bai @ Rukuma Bai (Dead) through Lrs Prechand Sharma Vs M/S Ram Gopal Hariprasad