Indira Bai Netam Vs Doctor Gaurav Ahluwaliya — Motor Accident Claims | Chhattisgarh HC (2024)

Indira Bai Netam Vs Doctor Gaurav Ahluwaliya — Motor Accident Claims | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Enhanced compensation of Rs. 4,91,880/- (over and above the Rs. 6,58,120/- already awarded) to be deposited within sixty days with 6% interest, with prescribed fixed-deposit investments of Rs. 2,25,000/- for appellant No.1 (03 years), Rs. 2,50,000/- for appellant No.2 (till majority), and the balance paid to appellant No.1 by bank transaction.

Issue for consideration

Whether the compensation of Rs. 6,58,120/- awarded by the Tribunal for the accidental death of Premlal Netam (aged about 38 years, mason by occupation) should be enhanced, including upward reassessment of his income and of the amounts awarded on other heads.

Court's answer

The Tribunal's assessed monthly income of the deceased (Rs. 4,524/-) is replaced by Rs. 8,000/- in light of the minimum wages prevailing at the time and the legal position now existing.

Ratio / Principle

Adding 25% towards future prospects, the deceased's monthly income is taken as Rs. 10,000/-, i.e. Rs. 1,20,000/- per annum.

Key takeaways

After taking 1/3rd of income (Rs. 40,000/-) as personal and living expenses, the balance Rs. 80,000/- as family share, and applying multiplier 13, the total loss of dependency is computed at Rs. 10,40,000/-.ratio¶26
Conventional amounts are added - Rs. 15,000/- towards loss of estate, Rs. 15,000/- towards funeral expenses and Rs. 80,000/- as spousal and parental consortium to the appellants respectively - bringing the total compensation to Rs. 11,50,000/-.ratio¶26
After deducting the Rs. 6,58,120/- already awarded by the Tribunal, the enhanced compensation the appellants are entitled to is Rs. 4,91,880/-.

Detailed headnote1 paragraphs

Enhancement of motor-accident death compensation (appeal under S.173 MV Act, High Court of Chhattisgarh, Bilaspur): the Tribunal's notional monthly income of the deceased mason Premlal Netam (aged about 38) was raised from Rs. 4,524/- to Rs. 8,000/- with 25% future prospects (Rs. 10,000/- per month; Rs. 1,20,000/- per annum); after deducting 1/3rd personal expenses and applying multiplier 13, loss of dependency computed at Rs. 10,40,000/-; with Rs. 15,000/- loss of estate, Rs. 15,000/- funeral expenses and Rs. 80,000/- spousal and parental consortium, total recomputed at Rs. 11,50,000/-; net enhancement of Rs. 4,91,880/- awarded (after deducting Rs. 6,58,120/- already awarded), payable within 60 days with 6% interest and prescribed fixed-deposit investments; appeal allowed in part.

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MAC No. 161 of 2019

1. Indira Bai Netam Wd/o Late Premlal Netam, aged about 35 years

2. Onkar Netam S/o Late Premlal Netam, aged about 04 years, (Minor) through natural guardian mother Smt. Indira Bai Netam Wd/o Late Premlal Netam,

Both are R/o Village Gatthasilli, Tahsil Nagri, District Dhamtari, CG

---- Appellants/Claimants

Versus

1. Doctor Gaurav Ahluwaliya S/o Doctor Surendra Ahluwaliya, aged about 32 years, R/o Ahluwaliya Hospital, Nemichand Gali Ramsagar Para, Raipur, Police Station Azad Chowk, Tahsil and District Raipur, CG

(Driver of offending vehicle Car bearing registration No. CG-04-HD4620)

2. Doctor Surendra Ahluwaliya S/o Late D.P. Ahluwaliya, R/o Ahluwaliya Nursing Home, Ganjpara, Nemichand Gali, Raipur,Tahsil and District Raipur, CG

(Owner of offending vehicle Car bearing registration No. CG-04-HD4620)

3. Branch Manager, Royal Sundaram Alliance Insurance Company Limited, Office No. 306, 3^rd Floor, Nearby overbridge, Mowa, Raipur, District Raipur, CG

( Insurer of toffending vehicle Car bearing registration No. CG-04-HD4620))

---Respondents

For appellants Shri Anil Gulati, Advocate - For respondents No. 3 Shri Anupam Dubey, Advocate

Order on Board by Hon'ble Shri Justice Sachin Singh Rajput

19/02/2024:

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This appeal under Section 173 of the Motor Vehicle Act (for short “MV Act”) is against the impugned award dated 23.08.2018 passed by Motor Accident Claims Tribunal (FTC) (for short “Tribunal”) Dhamtari, District Dhamtari, CG, in Claim Case No. 144/2017.

This is an appeal for enhancement of the compensation amount for the accidental death of Premlal Netam who at that time was aged about 38 years and mason by occupation. Learned Tribunal awarded Rs. 6,58,120/- as compensation as against the claimed one Rs. 27,05,000/-. Hence this appeal.

Counsel for the appellants submits that the assessment of the income of the deceased is on the lower side and needs enhancement. Same, according to him, is the position with the amount awarded on other heads also.

Counsel for respondent No.3 however supports the award under challenge.

Heard counsel for the parties and perused the record.

Learned Tribunal has taken the monthly income of the deceased at Rs. 4,524/- which in the facts and circumstances of the case, the minimum wages prevailing then, and the legal position existing as of now, is replaced by Rs. 8,000/-. Adding 25% towards future prospects i.e. Rs. 2,000/-, the monthly income of the deceased rises to Rs. 10,000/- and Rs. 1,20,000/- per annum. 1/3rd of his income i.e. Rs. 40,000/- can be taken to have been spent on his own personal and living expenses and the remaining Rs. 80,000/towards the claimants. After applying the multiplier of 13, the total loss of dependency comes to Rs. 10,40,000/-. Adding Rs. 15,000/- towards loss of estate; Rs. 15,000/- towards funeral expenses and Rs. 80,000/- as spousal and parental consortium to the appellants respectively, the total compensation arrives at Rs. 11,50,000/-. After deducting Rs. 6,58,120/- already

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awarded by the Tribunal, the enhanced compensation for which the appellant is now entitled to, comes to Rs. 4,91,880/-

This enhanced compensation to be deposited within sixty days from today with 6% interest. On that being done, Rs. 2,25,000/- shall be invested in the name of the appellant No.1 in fixed deposit in a nationalized bank for a period of 03 years; Rs. 2,50,000/- be invested in the same manner in the name of appellant No.2 till he attains majority, and the remaining amount shall be paid to appellant No.1 through bank transaction.

Appeal thus allowed in part.

Sd/-

(Sachin Singh Rajput) Judge

Jyotishi