The court applied the principles established in Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram and National Insurance Co. Ltd. vs. Pranay Sethi to re-assess the compensation for the deceased's income, future prospects, loss of consortium, funeral expenses, and loss of estate.

JUDGMENT :

RADHAKISHAN AGRAWAL, J.

1. This appeal is by the claimants against the award dated 23.11.2015 passed by the 4th Additional Motor Accident Claims Tribunal, Durg, C.G. in Claim Case No. 42/2015, awarding total compensation of Rs. 8,39,100/- with interest @ 6% per annum from the date of application till its realization, fastening liability on the Insurance Company. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

2. As per averments made in the claim petition, on 15.05.2015, deceased-Pannalal, aged about 45 years, earning Rs. 20,000/- per month by running a General Store, along with his wife (Smt. Savitri Bai)-appellant No. 1 was going to village Somni on motorcycle bearing registration No. CG08-U-8284. However, on the way, when they reached near village Kandul, non-applicant No. 1/driver of the Metador bearing registration No. CG04-G-6482 (hereinafter referred as 'offending vehicle') by driving the same in a rash and negligent manner, dashed the said motorcycle of deceased, as a result of which, deceased sustained grievous injuries over his body and died. In the said accident, appellant No. 1-Smt. Savitri Bai also sustained injuries over her body. At the time of accident, the offending vehicle was owned by non-applicant no. 2 and duly insured with non-applicant no. 3.

3. On claim petition being filed by the claimants under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs. 37,50,000/- , the Tribunal considering the evidence led by both the parties passed an award as mentioned above.

4. Learned counsel for the appellants/claimants submits that the income of the deceased has wrongly been assessed by the Tribunal at Rs. 4,500/- per month, whereas it should be Rs. 20,000/- per month, looking to the nature of work of the deceased. He further submits that the Tribunal has not awarded any amount towards loss of estate. He also submits that the amount awarded by the Tribunal under the head of loss of consortium is also on lower side, which needs to be enhanced suitably. Reliance has been placed on the decisions of Hon'ble Supreme Court in the matters of Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram and Others, (2018) 18 SCC 130 and National Insurance Co. Ltd. vs. Pranay Sethi, (2017) 16 SCC 680.

5. On the other hand, learned counsel for the respondent No. 3/Insurance Company, while admitting that no separate appeal has been filed by the Insurance Company against the impugned award, submits that Tribunal has already awarded compensation on the higher side and also submits that the Tribunal has erred in granting 30% towards loss of future prospects, whereas it should be 25%, looking to the age of the deceased i.e. 45 years as assessed by the Tribunal, therefore, the compensation needs to be reassessed suitably. Reliance has been placed on the decision of Hon'ble Supreme Court in the matter of Pranay Sethi (supra).

6. Heard learned counsel for the parties and perused the material available on record.

7. As regards the income of the deceased, though the claimants have pleaded in the claim petition that deceased was earning Rs. 20,000/- per month by running a General Store, but no documentary evidence in support thereof has been adduced by the claimants to substantiate the said fact. However, the Tribunal assessed the monthly income of the deceased at Rs. 150/- per day i.e. Rs. 4,500/- per month on notional basis, which in the considered opinion of this Court is on lower side. Therefore, considering the facts and circumstances of the case, the nature of work of the deceased, his age i.e. 45 years as assessed by the Tribunal and the rate of inflation at the relevant time, I propose to recompute the compensation by taking into account the monthly income of the deceased at Rs. 5,500/- per month i.e. Rs. 66,000/- per annum