Smt. Shilochani Thakur Vs Sonu Sonkar — Motor Accident Claims | Chhattisgarh HC (2024)

Smt. Shilochani Thakur Vs Sonu Sonkar — Motor Accident Claims | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Enhanced compensation of Rs. 3,34,200/- to be deposited within sixty days with 6% interest; thereafter Rs. 1,00,000/- each to be invested in fixed deposit in a nationalized bank in the names of appellant Nos. 2 and 3 until they attain majority; Rs. 50,000/- paid to appellant No. 4 through bank transaction; Rs. 50,000/- invested in the name of appellant No. 1 for 02 years; remaining amount paid to appellant No. 1 through bank transaction. Appeal thus allowed in part.

Issue for consideration

Whether the Tribunal's assessment of the monthly income of the deceased (aged about 30 years, driver by occupation) at Rs. 6,000/- is on the lower side and requires enhancement. +1 more

Court's answer

The Tribunal's assessed monthly income of the deceased of Rs. 6,000/- is replaced by Rs. 7,000/-, taking into account the minimum wages prevailing at the time and the legal position existing as of now; adding 40% towards future prospects (Rs. 2,800/-), the monthly income becomes Rs. 9,800/-, i.e. Rs. 1,17,600/- per annum.

Ratio / Principle

After deducting 1/4th of income (Rs. 29,400/-) towards the deceased's personal and living expenses, Rs. 88,200/- per annum is taken as contributable to the claimants; applying the multiplier of 17, the total loss of dependency is computed at Rs. 14,99,400/-.

Key takeaways

Non-pecuniary heads are added: Rs. 15,000/- towards loss of estate, Rs. 15,000/- towards funeral expenses, and Rs. 1,60,000/- as spousal, filial and parental consortium to the appellants, bringing the total compensation to Rs. 16,89,400/-.ratio¶6
After deducting the Rs. 13,55,200/- already awarded by the Tribunal, the enhanced compensation to which the appellant is entitled is Rs. 3,34,200/-, to be deposited within sixty days with 6% interest, with prescribed fixed-deposit and disbursement directions for the minor appellants (Nos. 2 and 3), appellant No. 4 and appellant No. 1.ratio¶6

Detailed headnote1 paragraphs

Enhancement appeal under Section 173 MV Act (MAC No. 304 of 2019, High Court of Chhattisgarh, Justice Sachin Singh Rajput, decided 19/02/2024) against award dated 03.11.2018 of MACT Durg in Claim Case No. 546/2016, whereby Rs. 13,55,200/- was awarded (against a claim of Rs. 57,44,800/-) for the accidental death of the deceased, a driver aged about 30 years. Holding: the Tribunal's monthly-income assumption of Rs. 6,000/- was on the lower side and is replaced by Rs. 7,000/- having regard to 'the minimum wages prevailing then, and the legal position existing as of now'; 40% is added towards future prospects (Rs. 2,800/-), making the monthly income Rs. 9,800/- (Rs. 1,17,600/- per annum); 1/4th (Rs. 29,400/-) is deducted for personal expenses, leaving Rs. 88,200/- per annum for the claimants; multiplier of 17 yields Rs. 14,99,400/- loss of dependency; further sums of Rs. 15,000/- (loss of estate), Rs. 15,000/- (funeral expenses) and Rs. 1,60,000/- (spousal, filial and parental consortium) raise the total to Rs. 16,89,400/-; net enhanced compensation of Rs. 3,34,200/- payable within 60 days with 6% interest, with fixed-deposit/disbursement directions for minor appellants Nos. 2 and 3, appellant No. 4 and appellant No. 1. Appeal allowed in part.

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MAC No. 304 of 2019

1. Smt. Shilochani Thakur wife of late Raju Thakur, aged about 28 years,

2. Tikeshwari Thakur, daughter of late Raju Thakur, aged kabout 09 years,

3. Vasudev Thakur sonof later Raju Thakur, aged about 6 years,

No. 2 & 3 are R/o are minor, represented through legal guardian and mother Smt. Shilochani Thakur wife of late Raju Thakur,

4. Smt. Anusuiya Thakur wife of late Banshilal Thakur, aged about 70 years,

All are residents of Sanjay Nagar, Khursipar, Bhilai, Tahsil and District Durg, CG

--- Appellants/Claimants

Versus

1. Sonu Sonkar sonof Harendra Sonkar, aged about 28 years, resident of Arora Transport, Transport Nagar, Hathkhoj, Bhilai, Tahsil and District Durg, CG

(Driver of Trailer No. CG-07-MA-5267)

2. Arora Transport, Transport Nagar, Hathkhoj, Bhilai, Tahsil & District Durg, CG

(Owner of Trailer No. CG-07-MA-5267)

3. National Insurance Company Limited through the Branch Manager, Office Akash Ganga, Supela, Bhilai, Tahsil and District Durg, CG

( Insurer of Trailer No. CG-07-MA-5267)

---Respondents

For appellants	- Shri Majid Ali, Advocate
For respondents No. 3	- Shri Anil Gulati on behalf of Shri
	Ashish Gupta, Advocate

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

19/02/2024:

This appeal under Section 173 of the Motor Vehicle Act (for short “MV Act”) is against the impugned award dated 03.11.2018 passed by Motor Acci-

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dent Claims Tribunal (for short “Tribunal”) Durg, District Durg, CG, in Claim Case No. 546/2016.

This is an appeal for enhancement of the compensation amount for the accidental death of Raju Sahu who at that time was aged about 30 years and driver by occupation. Learned Tribunal awarded Rs. 13,55,200/- as compensation as against the claimed one Rs. 57,44,800/-. 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 deceased at Rs. 6,000/- 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. 7,000/-. Adding 40% towards future prospects i.e. Rs. 2,800/-, the monthly income of the deceased rises to Rs. 9,800/- and Rs. 1,17,600/- per annum. 1/4th of his income i.e. Rs. 29,400/- can be taken to have been spent on his own personal and living expenses and the remaining Rs. 88,200/towards the claimants. After applying the multiplier of 17, the total loss of dependency comes to Rs. 14,99,400/-. Adding Rs. 15,000/- towards loss of estate; Rs. 15,000/- towards funeral expenses and Rs. 1,60,000/- as spousal, filial and parental consortium to the appellants respectively, the total compensation arrives at Rs. 16,89,400/-. After deducting Rs. 13,55,200/- already awarded by the Tribunal, the enhanced compensation for which the appellant is now entitled to, comes to Rs. 3,34,200/- .

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This enhanced compensation to be deposited within sixty days from today with 6% interest. On that being done, Rs. 1,00,000/- each shall be invested in the name of the appellant Nos. 2 and 3 in fixed deposit in a nationalized bank till they attain majority; Rs. 50,000/- shall be paid to appellant No.4 through bank transaction; Rs. 50,000/- be invested in the name of appellant No.1 for a period of 02 years; and the remaining be paid to her (A-1) through bank transaction.

Appeal thus allowed in part.

Sd/-

(Sachin Singh Rajput) Judge

Jyotishi