IMPORTANT POINT
The main legal point established is the application of the structured formula under Section 163-A of the Motor Vehicles Act, 1988, for compensation in fatal accident cases, and the liability of the insurance company and the vehicle owner.

ORDER :

1. The instant appeal has been preferred by the Appellants /Claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'the Act of 1988') seeking enhancement of compensation awarded by the learned 7th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) (for short, 'the Tribunal') vide award dated 08.12.2017 passed in Claim Case No.311/2014, whereby the Tribunal has partly allowed the application filed under Section 163-A of the Act, 1988 by Claimants and awarded Rs.3,69,500/- as compensation in a fatal accident case.

2. According to the claim petition moved before the Tribunal, on 14.01.2011, Sanjay Kumar Patre was going to Village Semra, in his motorcycle bearing registration No. CG 10 EH 1863. In the way, near canal road in front of Village Semra School, accident was occurred with motorcycle TVS Moped bearing registration No.CG 10 H 1893. Due to which, Sanjay Kumar Patre sustained fatal injury and was succumbed in the hospital. The vehicle involved in the said accident was owned by Ghasiram Suryavanshi who was husband of respondent No.1 and father of respondents No.2 to 6. The said vehicle was insured with respondent No.7/IFFCO Tokio General Insurance Company Limited. Accident was reported to concerned police station based upon which crime was registered against the Driver of vehicle bearing registration No. CG 10 EH 1863, i.e., deceased. After conclusion of investigation charge-sheet was filed before the Court of Jurisdictional Magistrate.

3. Appellants/Claimants, who are parents of the deceased, filed an application under Section 163-A of the Act of 1988 before the Tribunal seeking compensation of Rs.13,10,000/- (rupees thirteen lakh ten thousand) pleading therein that on the date of accident, the deceased- Sanjay Kumar Patre was aged about 22 years and working as 'Carpenter' and earning Rs.3,300/- per month as salary.

4. Respondents No. 1 to 6 have filed their written statement pleading therein death of Sanjay Kumar Patre was not caused by vehicle registration No. CG 10 H 1893. As deceased was not doing any work, he is not earning any money/income and claimants are not dependent upon the deceased. On the date of accident, motorcycle TVS Moped No. CG 10 H 1893 was insured with the Insurance Company/respondent No.7 for the period from 08.11.2010 to 07.11.2011. Deceased drove his vehicle in rash and negligent manner and therefore he himself is responsible for the alleged accident.

5. Respondent No.7/ Insurance Company submitted its reply to application, while denying the pleadings made therein pleaded that accident was result of negligent driving of Sanjay Kumar Patre (Deceased) himself. It is denied that the deceased was earning monthly income of Rs.3,300/- and annual income of Rs.39,600/-. In this regard, it is stated that no documents have been presented by the Claimants regarding income, age and work of the deceased. The Claimants have sought compensation by making exaggerated statements. The deceased himself had caused the accident by hitting the parked vehicle of non-applicant No.1. Therefore, the Claimants are not entitled to get any compensation.

6. On appreciation of pleadings and evidence placed on record by respective parties, the Tribunal held that the Claimants have filed an application under Section 163-A of the Act, 1988 for grant of compensation on account of death of Sanjay Kumar Patre, who was son of the Appellants/Claimants, died in motor accident. The annual income of the deceased has been shown to be Rs.39,600/- per annum at the rate of Rs.3,300/- per month, which is within the maximum limit of annual income of Rs.40,000/- which is prescribed in the Second Schedule of the MV Act. Since, the claim is under Section 163-A of the Act, it has been prescribed under the Act, therefore, in the light of the provisions of Section 163-A(2) of the Act, the death of the deceased- Sanjay Kumar Patre has been declared as motorcycle bearing registration No. CG