Partly allowed

Sail Bai v. Shri Lal Yadav

Chhattisgarh HC24 Nov 2023MAC/1234/2019

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh heard an appeal challenging an award in a motor accident claim case. The Court enhanced the compensation awarded to the deceased's heirs, increasing it from Rs. 12,29,016 to Rs. 14,70,800 by modifying the calculation of lost dependency and adding funeral expenses.

What did the court decide?

Compensation enhanced to Rs. 14,70,800/-; Insurance company directed to deposit the amount within 60 days; Rs. 1,00,000/- invested in FD for claimants.

Sail Bai Vs Shri Lal Yadav — Motor Accident Claims | Chhattisgarh HC (2023)

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NAFR

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H IGH COURT OF CHHATTISGARH, BILASPUR MAC No. 1234 of 2019

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1 - Sail Bai W/o Chait Singh Aged About 46 Years Resident Veyre House Road Bilaspur, Thana Civil Line, District Bilaspur Chhattisgarh

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2 - Chait Singh S/o Late Tilak Singh Aged About 60 Years Resident Veyre House Road Bilaspur, Thana Civil Line, District Bilaspur Chhattisgarh.

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---- Appellants

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Versus

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1 - Shri Lal Yadav S/o Dilliram Yadav Aged About 24 Years R/o Dumarkachhar, Thana And Tahsil Pali, District Korba Chhattisgarh(Driver Of The Offending Vehicle Trailer No. C.G. 12/s/0549)

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2 - Smt. Shila Singh W/o Subhodh Singh R/o 2a/2 S.B.S. Colony, S.E.C.L. Korba, Tahsil And District Korba Chhattisgarh. Another Address Garud Road Lines, Sada Complex, Transport Nagar, Tahsil And District Korba Chhattisgarh. (Registered Owner Of The Offending Vehicle Trailer No. C.G. 12/s/0549)

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3 - Branch Manager The New India Insurance Limited, Ram Tred Center 2nd Floor, In Front Of Rajeev Plaza, Old Bus Stand Bilaspur Tahsil And District Bilaspur Chhattisgarh. (Insurer Of The Offending Vehicle Trailer No. C.G. 12/s/0549),

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---- Respondents

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For the Appellants : Mr. Arjun Lal Singroul, Adv. For respondents No. 1 & 2 : Mr. Jameel Akhtar Lohani, Adv. along with Mr. G. V. K. Rao, Adv. For respondent No.3 : Mr. Sudhir Agrawal, Adv.

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________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput, Order on Board

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24.11.2023

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1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “ MV Act”) has been filed challenging the award dated 02.05.2019 passed by 1^st Additional Motor Accident Claims Tribunal, Bilaspur (CG) in Claim Case No.143/2018. By the impugned award, the learned tribunal has awarded Rs.12,29,016/as compensation to the appellants/claimants with 6% interest per annum on account of death of deceased Jairam Singh in an unfortunate accident which took place on 09.01.2018 by rash and

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negligent driving of respondent No.1/driver by offending vehicle i.e. Trailor bearing Registration No. CG 12 A. S. 0549 owned by respondent No.2/owner and insured with respondent No.3/insurance company.

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1. As per the pleadings of the claim application filed under Section 166 of the MV Act, the deceased was aged about 20 years, student of ITI and working as Electrician getting salary of Rs.10,000/- per month. The appellants/claimants being parents of the deceased had filed the claim application claiming total compensation of Rs.21,45,000/-.

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1. The claim application was resisted by respondents/driver, owner and insurance company of the offending vehicle on various grounds.

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1. The learned tribunal on the basis of pleadings of the parties framed issues and after appreciation of evidence and material available on record awarded the compensation as stated above.

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1. Mr. Singroul, learned counsel for appellants/claimants vehemently argued that the deceased was studying in ITI and he would have definitely considered to be a skilled labour and learned tribunal has assessed the monthly income to Rs.7,930/- whereas on the date of accident, the minimum wages of skilled labour would be Rs.9,620/- therefore, the compensation awarded on other admissible head is also on the lower side, therefore, the compensation may be suitably enhanced.

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1. Learned counsel for respondents No. 1 & 2 supported the award and submits that just compensation has been awarded and does not require any interference by this Court.

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1. Mr. Agrawal, learned counsel for respondent No.3/Insurance Company also supports and submits that admittedly the deceased was student of ITI as such he was not earning and the learned tribunal has rightly assessed his monthly income treating him to be an unskilled labour and has rightly awarded the compensation.

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1. Heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection.

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Considering that the deceased Jai Ram on the date of accident was aged about 20 years, keeping in view the nature of his job, he was a student of ITI, the monthly income of the deceased can safely be taken to Rs.9000/-. Taking into consideration the judgment of Hon’ble Supreme Court in case of National Insurance Company Ltd. V. Pranay Sethi and others reported in (2017) 16 SCC 680 , there has to be 40% addition of his income towards future prospects. In light of the judgments of the Hon’ble Supreme Court in the matter of Pranay Sethi (Supra), Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors; (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this Court is computing the compensation as below:-

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S.N.	Particular	Awarded by this Court
1.	Monthly Income of the deceased	9000/-
2.	Future prospects @ 40%	3600/-
3.	Total Income	12600/-
4.	Personal expenditure(1/2)	6300/-
5.	Net Annual Income	6300x12= 75,600/-
6.	Multiplier of 18 applied to assess total loss of dependency	13,60,800/-
7.	Funeral Expenses	15,000/-
8.	Loss of estate	15,000/-
10.	Filial consortium	80,000/-(40,000 each)
11.	Total compensation	14,70,800/-

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1. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs.12,29,016/- awarded by the tribunal is enhanced to Rs.14,70,800/-. Hence, after deducting the amount of Rs.12,29,016/-, the claimants are held entitled for an additional amount of Rs.2,41,784/-. The additional amount shall carry interest @6% per annum from the date of claim application. The impugned award stands modified to the above extent.

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11)The insurance Company is directed to deposit the enhanced amount of compensation within 60 days. After deposit, Rs.1,00,000/- each shall be invested as fixed deposit in a nationalized bank for a period of 2 years in the name of appellants No.1 & 2/claimants No.1 & 2 and remaining amount shall be paid to appellants/claimants through bank transaction/account payee cheque.

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1. Appeal thus partly allowed.

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Sd/- (Sachin Singh Rajput) Judge

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Parul

Sail Bai v. Shri Lal Yadav

Case brief

What is this about?

What did the court decide?

Sail Bai v. Shri Lal Yadav

Case brief

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