Partly allowed

Deleted (Etwa Ram Minj) (Died) v. Krishna Kumar Singh

Chhattisgarh HC5 May 2024MAC/62/2017

Case brief

AI extract

What is this about?

Appeal against Motor Accident Claims Tribunal award granting Rs.3,54,000 for death of Londhu Minj in a road accident. The High Court reassessed monthly income at Rs.5,500 with 40% future prospects, multiplier of 18, funeral expenses and filial consortium, totalling Rs.9,01,600, enhancing compensation by Rs.5,47,600 with interest at 6%.

What did the court decide?

Enhanced compensation of Rs.5,47,600 with 6% interest from date of order, payable by insurer within 60 days; deposit and disbursement directions issued.

Deleted (Etwa Ram Minj) (Died) Vs Krishna Kumar… — Motor Accident Claims | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MAC No. 62 of 2017

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Deleted (Etwa Ram Minj) (Died) Honble Court Order Dated 13-04-2023 And 19-072023.

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Smt. Hrimaniya Minj W/o Etwa Ram Minj, Aged About 60 Years R/o Ward No.12 Near Power House Namnakala Ambikapur, District Surguja, Chhattisgarh ..............Claimants

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---- Appellants

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Versus

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Krishna Kumar Singh Alias Goldu, S/o Nand Kumar Singh, Aged About 30 Years, Occupation- Driver, R/o Ward No.12 Near Power House Namnakala Ambikapur, District Surguja, Chhattisgarh ...............Driver And Owner Of Indigo Car Bearing Registration No. C.G.15 C.V. 8648

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Branch Manager, Royal Sundaram Alliance General Incurrence Company Ltd. Rama Trade Center First Floor Rajiv Plaza Near Old Bus Stand Bilaspur District Bilaspur, Chhattisgarh ...............Insurer

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---- Respondents

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For Appellants : Shri T.R.Chandrakar, Advocate For Respondent No.2 : Shri Harshmander Rastogi, Advocate

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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06/05/2024

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Challenging the award dated 03/12/2016 passed by the Motor Accident Claims Tribunal, Ambikapur, Surguja (CG) in Additional Motor Accident Claim Case No.205/2015, the appellant / claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘MV Act’).

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During the pendency of this appeal, appellant No.1 has died. By the impugned award, against a claim of Rs.14,14,000/-, learned Tribunal has awarded compensation of Rs.3,54,000/- in favour of the appellants / claimants on account of death of Londhu Minj in an accident that occurred on 29/03/2015 by

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rash and negligent driving of the offending vehicle (Indigo Car) bearing registration No.CG-15 CV-8648 by respondent No.1 / owner and insured with respondent No.3/insurance company.

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As per pleadings of the claim application, at the time of accident, the deceased was aged about 25 years. He was earning Rs.6,000/- per month by doing agriculture and painting work. Therefore, the abovesaid compensation was claimed. The claim application was resisted by respondent No.1 on various grounds and the insurance company took a plea that there was violation of the terms and conditions of the insurance policy.

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On the basis of above broad pleadings, learned Tribunal framed issues, decided those issues in favour of the appellant / claimant and awarded the aforestated compensation.

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Learned counsel for the appellant submits that the monthly income of the deceased has been taken on lower side. It is also submitted that the amount of compensation on all other heads is also on the lower side. Therefore, it is prayed that suitable enhancement may be made.

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Learned counsel for respondent No.2 supports the award and submits that just compensation has been awarded.

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I have heard learned counsel for the parties, considered their rival submissions and perused the records.

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*-Considering the age of the deceased, nature of job and evidence available, this Court assesses monthly income of the deceased to Rs.5,500/- and taking guidance from the judgments of the Hon’ble Supreme Court in the case of Sarla Verma and ors. v. Delhi Transport Corporation and ors., (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi and ors, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018) 18 SCC 130, this Court hereby computes the compensation in the following manner -

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Monthly income Rs.5500/-

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2.	Future prospects 40% (5500 + 2200)	Rs.7700/-
3.	Yearly income (7700x12)	Rs.92400/-
4	1/2 deduction for personal expenses (92400-46200)	Rs.46200/-
5.	Multiplier of 18 (46200 X 18)	Rs.831600/-
6.	Funeral expenses + loss of Estate	+Rs.30000/-
7.	Filial Consortium (Rs.40,000/-)	+Rs.40000/-
	TOTAL COMPENSATION	Rs.9,01,600/-

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The learned Tribunal has awarded Rs.3,54,000/- which is deducted from the total compensation now awarded and the enhanced compensation comes to Rs.5,47,600/- . Looking to the facts and circumstances of the case, interest @ 6% is also awarded on the enhanced amount of compensation from the date of this order to be deposited by the insurance company within a period of 60 days. After the amount of compensation is deposited, 50% of the amount be invested in the name of appellant as fixed deposit in a Nationalised Bank for a period of one year. Remaining amount shall be disbursed through Bank transaction / account payee cheque.

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The appeal thus allowed in part. Sd/-

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Sd/- Sd/- Sd/-

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Sd/-

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(Sachin Singh Rajput ) Judge

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Deepti

Deleted (Etwa Ram Minj) (Died) v. Krishna Kumar Singh

Case brief

What is this about?

What did the court decide?

Deleted (Etwa Ram Minj) (Died) v. Krishna Kumar Singh

Case brief

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What did the court decide?

What the court decided

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