IMPORTANT POINT
Selection of multiplier depends upon age of the deceased and not the dependents.

Judgment :

1. Delay condoned

2. Leave granted.

3. Feeling dissatisfied with the reduction of compensation determined by Motor Accident Claims Tribunal, Raipur, Chhattisgarh (for short, ‘the Tribunal’) in Motor Accident Claim No.80/2008 and being aggrieved for not enhancing the amount as was claimed, the appellants preferred this appeal.

4. The deceased-Ritesh Bhanu Shali, son of the Ist and 2nd appellants, was going to Thanod on 20th July, 2008 by Swift Car bearing Registration No.CG-04-HA/6905 from Naharpara, Raipur, Chhattisgarh. While he was coming back at about 4.30 p.m. near Thanod, one Scorpio Car bearing Registration No.CG-04-HA/5372 coming rashly and negligently from Abhanpur dashed the Maruti Swift Car. Due to that accident, Ritesh Bhanu Shali and one Sardar Jaspreet died on the spot and another Shivam received injuries. The Ist appellant-Amrit Bhanu Shali is the father, the 2nd appellant-Smt. Sarlaben is the mother and 3rd appellant-Mamta Bhanu Shali is the sister of the deceased. Claiming to be the dependent on the deceased they filed Motor Accident Claim Case No.80/2008 before the Tribunal u/S 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) for award of compensation to the tune of Rs.25,50,000/-.

5. The non-applicants, owner of the car, driver and National Insurance Company Ltd. (hereinafter referred to as the “Insurance Company”) appeared and defended their case. On the pleadings of the parties the Tribunal framed the following issues:

“SL.NO. ISSUE

1. Whether on 20.07.2001 at about 4.30 P.M. near Village Thanod more, the non applicant No.1 had hit the Swift Car by driving rashly and negligently the vehicle Scorpio bearing No.CG 04 HA/5372 under the ownership of non applicant No.2 and insured with the non applicant No.3 due to which Ritesh Bhanushali died after receiving the injuries ?

2. Whether applicants have the right to get the compensation separately and jointly from the non applicants ? If yes then how much ?

3. Whether at the time of accident the non applicant No.1 was having valid driving license ?

4. Whether the non applicant was driving the vehicle in violation of terms and agreement of policy ?

5. Relief and cost.”

6. In support of the claim petition, the Ist appellant-Amirt Bhanu Shali examined himself (AW-1) and one Shivam Mahobe (AW-2), who was also travelling in the same Maruti Swift Car. The appellants have produced Exhibits P-1 to P-10 series including a report to the Police Station, Abhanpur. The Ist Appellant-Amirt Bhanu Shali (AW-1) in his statement stated that at the time of accident his son-Ritesh Bhanu Shali was 26 years old, as his date of birth is 24.08.1982 and he was doing business of real estate and used to sale handset mobile and also took tuitions and used to earn Rs. 10,000/- per month. The deceased-Ritesh Bhanu Shali also used to file Income Tax Returns. The Income Tax Returns filed by his son-Ritesh was produced in the Court as Exhibit P-10 and the photocopies of which is Exhibit.P-10-C. No separate document was placed pertaining to the sale and purchase of land. The Ist Appellant-Amrit Bhanu Shali (AW-1) stated that both the appellants- father and the mother were not earning and 3rd appellant was unmarried at the time of accident and was dependent on the deceased. It is stated that Mamta Bhanu Shali has also got married.

7. The non-applicant No.1-Mukesh Agrawal stated that he is the owner of the Scorpio Car bearing Registration No. CG-04-HA/5372 and at the time of accident the licence holder driver was Bakar Khan. At the time of accident the original licence was with the driver. During that accident licence was not seized. After the accident he took out the details of the licence of Bakar Khan from Regional Transport Officer, Raipur. He denied that Bakar Khan does not know driving. He further stated that he has presented the original policy of the vehicle before the Insurance Company. At the time of accident the surveyor of the Insurance Company came for examination a