NIRMALA RAO

2025:CGHC:58574 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1947 of 2024

1 - Kailashnath Sharma S/o Ambika Prasad Sarma Aged About 55 Years R/o Village Barhidih, Thana - Ratanpur, District - Bilaspur Chhattisgarh (Claimant)

... Appellant(s)

versus

1 - Dipesh Kumar Bhatt S/o Ambika Prashad Bhatt Aged About 49 Years R/o Village Venkatnagar, Post Venkatnagar Thana - Jaithari, District - Anupput Madhya Pradesh (Driver Of Offending Vehicle Motor Cycle C.G. 10/A.Q./8735)

2 - Shanu Sharma S/o Kailashnath Sharma Aged About 24 Years R/o Village Baridih, Thana Ratanpur, District Bilaspur Chhattisgarh (Owner Of Offending Vehicle Motor Cycle C.G. 10/A.Q./8735)

3 - Branch Manager Liberty General Insurance Company Limited Through Branch Manager Mittal Complex, First Floor, Near S.B.I. Bank Vyapar Vihar Road Thana Civil Line Tahsil And District Bilaspur Chhattisgarh.

Mandal Karyalay 10th Floor, Tower-A, Penisula Business Park, Ganapat Rao Kadam Road, Lower Pairal, Mumbai, Maharashtra Pin Code No. 400013, (Insurer Of Offending Vehicle Motor Cycle C.G. 10/a.Q./8735)

... Respondent(s)

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For Appellants : Shri A.L. Singraul, Advocate.

For Respondents No.1 & 2 : Shri Mohammad Parvez Khan, Advocate.

For Respondent No.3 : Ms. Priyanka Rai, Advocate.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

03.12.2025

1. With the consent of the parties, the matter is heard finally.

2. The claimant has preferred this appeal under Section 173 of the Motor Vehicles Act assailing the validity and propriety of the award passed by the learned Second Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur in Claim Case No.1407 of 2021 dated 8.5.2024, whereby the learned Tribunal granted compensation to the tune of Rs.9,59,000/- alongwith interest @ 9% per annum on account of death of Smt. Pankaj Sharma.

3. Learned counsel for the appellant would submit that Smt. Pankaj Sharma, wife of claimant – Kailashnath Sharma, died in the motor accident on 14.8.2019. He would submit that at the time of accident age of the deceased was 45 years and earning Rs.10,000/-. He would submit that the learned Tribunal has assessed the income of the deceased properly and awarded compensation on conventional heads according to the settled law, but deducted ½ for personal expenses of the deceased. He would submit that the deceased was a married person, therefore, the deduction should have been 1/3rd, as held by the Hon’ble Supreme Court in the matter of Sarla Verma & Ors Vs Delhi Transport Corp. & Anr, reported in (2009) 6 SCC 121. He would pray to modify the award accordingly.

4. On the other hand, learned counsel for the respondents would oppose the submissions made by counsel for the appellants. They would submit that the claimant/ husband is the only dependent, and therefore, the learned Tribunal rightly deducted 50% for personal and living expenses of the deceased. They have also placed reliance on the judgment passed by the Hon’ble Supreme Court in the matter of Sarla Verma (supra).

5. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection.

6. In the present case, the deceased was the wife of the claimant. The learned Tribunal deducted 50% for personal and living expenses of the deceased. In the matter of Sarla Verma (supra), the Hon’ble Supreme Court while dealing with the issue of deduction for personal and living expenses held that there would be 1/3rd deduction of the income of the deceased if the deceased was married and ½ of the income of the deceased if he or she was a bachelor. Paragraph 26 is reproduced herein below:

“26. It is also very difficult for the respondents in a claim petition to produce evidence to show that the deceased was spending a considerable part of the income on