NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 1264 of 2018

1. Smt. Dulari Kashyap, wd/o late Bhanu Prasad, aged about 39 years, 2. Kusmandika Kashyap, D/o late Bhanu Prasad, aged about 24 years, 3. Giru Prasad Kashyap S/o late Bhanu Prasad, aged about 22 years, All are R/o Near Jara Talab, Sarkanda, Thana Sarkanda, District Bilaspur, CG ---- Appellants/Claimants Versus

1. Jitendra Kumar S/o Shri Maniklal Rathore, aged about 30 years, (Driver)

2. Suresh Kumar S/o Shri Jai Kumar Rathore, aged about 36 years, (Owner)

Both R/o village Salaiha, Post Sukali, Chowki Junapara, Thana & Tehsil Takhatpur, District Bilaspur, CG

3. Magma General Insurance Company Limited, through Branch Manager, Magma General Insurance Company Limited, Branch Office 501, 506 DBCT Corporate Park Rajbandha Ground, Raipur, District Raipur, CG ---Respondents For appellants - Shri Parth Shrivastava on behalf of Shri Anand Shukla Advocate For respondents No. 3 - Shri Akash Diwan on behalf of Shri DL Dewangan, Advocate Order on Board by Hon'ble Shri Justice Sachin Singh Rajput

20/02 /2024:

This appeal under Section 173 of the Motor Vehicle Act (for short “MV Act”) is against the impugned award dated 24.02.2018 passed by Motor Acci-

dent Claims Tribunal, (for short “Tribunal”) Bilaspur, District Bilaspur, CG, in Claim Case No. 27/2017.

2. This is an appeal for enhancement of the compensation amount for the accidental death of Bhanu Pratap Kashyap who at that time was aged about 40 years and mill operator by occupation. Learned Tribunal awarded Rs. 6,83,158/- as compensation as against the claimed one Rs. 95,20,000/-.

Hence this appeal.

3. 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.

4. Counsel for respondent No.3 however supports the award under chal-

lenge.

5. Heard counsel for the parties and perused the record.

6. Learned Tribunal has taken the monthly income of the deceased at Rs. 6,289/- 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/- and adding 25% towards future prospects i.e. Rs. 1750/-, the monthly income of the deceased rises to Rs. 8750/- and Rs. 1,05,000/- per annum. 1/3th of his income i.e. Rs. 35,000/- can be taken to have been spent on his own personal and living expenses and the remaining Rs. 70,000/- to- wards the claimants. After applying the multiplier of 13, the total loss of de- pendency comes to Rs. 9,10,000/-. Adding Rs. 15,000/- towards loss of es- tate; Rs. 15,000/- towards funeral expenses and Rs. 1,20,000/- as spousal, filial and parental consortium to the appellants respectively, the total compen- sation arrives at Rs. 10,60,000/-. After deducting Rs.6,83,158/- already awarded by the Tribunal, the enhanced compensation for which the appel-

lants are now entitled to, comes to Rs. 3,76,842/-

7. This enhanced compensation to be deposited within sixty days from today with 6% interest. On that being done, Rs. 50,000/- shall be paid to ap- pellant No. 3 through bank transaction. Rs. 50,000/- be invested in the name of the appellant No. 2 in fixed deposit in a nationalized bank for a period of 02 years; Rs. 2,00,000/- shall be invested in the same manner as in the case of A-2, in the name of appellant No.1 for a period of two years, and the re- maining amount shall be paid to her (appellant No.1) through bank transac-

tion.

8. Appeal thus allowed in part.

Sd/-

(Sachin Singh Rajput)

Judge Jyotishi