Lata Bai vs Jeevan Lal
2022 Latest Caselaw 5792 Chatt

                                       1
                                                                         NAFR
          HIGH COURT OF CHHATTISGARH, BILASPUR

                                MAC No. 1497 of 2015

  1. Lata Bai W/o Late Shyamacharan Awasthi, Aged About 30 Years R/o
     Village Godri, Tahsil Dongargaon, District Rajnandgaon Chhattisgarh,
     Chhattisgarh

  2. Shankar Prasad S/o Late Shyamacharan Awasthi, Aged About 8 Years
     Minor, Through Legal Guardian Mother Smt. Lata Bai, R/o Village Godri,
     Tahsil Dongargaon, District Rajnandgaon Chhattisgarh, District :
     Rajnandgaon, Chhattisgarh

  3. Ku. Ishwari D/o Late Shyamacharan Awasthi, Aged About 6 Years Minor,
     Through Legal Guardian Mother Smt. Lata Bai, R/o Village Godri, Tahsil
     Dongargaon, District Rajnandgaon Chhattisgarh, District : Rajnandgaon,
     Chhattisgarh

  4. Ku. Chwanshi D/o Late Shyamacharan Awasthi, Aged About 4 Years Minor,
     Through Legal Guardian Mother Smt. Lata Bai, R/o Village Godri, Tahsil
     Dongargaon, District Rajnandgaon Chhattisgarh, District : Rajnandgaon,
     Chhattisgarh

  5. Kumari Bai W/o Vishnu Prasad, Aged About 48 Years R/o Village Godri,
     Tahsil Dongargaon, District      Rajnandgaon     Chhattisgarh,   District   :
     Rajnandgaon, Chhattisgarh

  6. Vishnu Prasad Awasthi S/o Durga Prasad Awasthi, Aged About 50 Years
     R/o Village        Godri, Tahsil       Dongargaon, District      Rajnandgaon
     Chhattisgarh..........Claimants, District : Rajnandgaon, Chhattisgarh

                                                                 ---- Appellants

                                   Versus

  1. Jeevan Lal S/o Chandu Lal Sahu, Aged About 50 Years R/o Ward No. 45,
     Mohara Haldi, Tahsil And District Rajnandgaon Chhattisgarh, Chhattisgarh

  2. Sardar Prakash Singh Bath (Deleted) As Per Honble Court Order Dated 10-
     12-2020.

  3. National Insurance Company Limited Head Office 3 Midilter Street Kolkata,
     Divisional Office, Through Divisional Manager, Akash Ganga Complex,
     Supela, Bhilai, Tahsil And District Durg Chhattisgarh, District : Durg,
     Chhattisgarh                                      --- Respondents

For Appellants : Mr. Arjun Lal Singroul, Advocate. For Respondent/s. : Mr. Qamrul Aziz, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 15.09.2022

1. The present is an appeal by the claimants under Section 173 of the

Motor Vehicle Act. The appeal is by the claimants seeking

enhancement of compensation. Vide the impugned award dated

01.07.2015 passed by the Motor Accident Claims Tribunal

Rainandgaon in claim Case No. 65 of 2013, the Tribunal has awarded

a compensation of Rs. 11,05,000/- with interest @ 6 % per annum to

the claimants.

2. The claim arises out of an accidental death of Shyamacharan Awasthi

who died of an accident that took place on 10.03.2013. The age of the

deceased was 32 years and the income assessed by the Tribunal is

Rs. 5,000/- per month. To these aforesaid factual matrix, there is no

dispute.

3. However, Counsel for the Appellants submits that the Tribunal has not

properly assessed the compensation payable under the conventional

heads as also has not quantified proper compensation towards loss of

consortium to the minor children of the deceased and has prayed for

revising of the compensation by enhancing the same accordingly.

4. Counsel appearing for the Insurance Company, however submits that

the plain reading of the award and the findings arrived at, it would be

clear that the award passed by the Tribunal is based upon the

evidence which has come on record and the same is just and

reasonable and does not warrant any interference.

5. Considering the entire facts and circumstances of the case and also

taking note of the judgment passed by the Tribunal, what is

apparently evident is the fact that the compensation towards the

conventional heads of Rs. 25,000/- paid by the Tribunal is on the

lower side. Whereas in-terms of the recent decisions of the Hon'ble

Supreme Court in the case of New India Assurance Company

Limited vs. Somwati and Ors., reported in (2020) 9 SCC 644, the

minor claimants in the instant case also would have to be paid some

amount of compensation towards loss of consortium. Taking note of

the fact that the claimants No. 2 to 4 are minor children of the

deceased, this Court quantifies the loss of consortium to these three

minor children at the rate of Rs. 40,000/- each totaling to Rs.

1,20,000/- and in addition under the conventional head of loss of

consortium to widow and Funeral expenses of Rs. 70,000/-, in terms

of the judgment of the Hon'ble Supreme Court in the case of National

Insurance Company Limited V. Pranay Shetty and Ors. Reported

in (2017) 16 SCC 680 also is awarded in favour of the claimants

instead of 25,000/- that has been awarded by the Tribunal.

6. Thus, the total compensation payable to the claimants would become

12,70,000/- instead of Rs. 11,05,000/- as awarded by the Tribunal.

The remaining part of the award so far as interest is concerned, the

same would remain intact.

7. Accordingly, the appeal stands allowed to the aforesaid extent.

Sd/-

P. Sam Koshy) Judge Jyoti