Chattisgarh High Court
Shivkumar Sahu vs Hemant Kumar Sahu on 15 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Reserved on 29/11/2022
Order Delivered on 15/02/2023
MAC No. 762 of 2016
1. Shivkumar Sahu S/o Late Charan Das Sahu, Aged About 35 Years
R/o Village And Post Jhithratola, Police Station And Tahsil Chhuria,
District Rajnandgaon, Chhattisgarh. .......Claimant.
2. Smt. Malti Bai Sahu W/o Shiv Kumar Sahu, Aged About 30 Years R/o
Village And Post Jhithratola, Police Station And Tahsil Chhuria, District
Rajnandgaon, Chhattisgarh.. ......Claimant.
---- Appellants
Versus
1. Hemant Kumar Sahu S/o Panchuram Sahu, Aged About 27 Years R/o
Village And Post Jhithratola, Police Station And Tahsil Chhuria, District
Rajnandgaon, Chhattisgarh. ....Driver.
2. Devilal Kande, S/o Kanhaiya Lal Kande, Aged About 62 Years R/o
Village And Post Jhithratola, Police Station And Tahsil Chhuria, District
Rajnandgaon, Chhattisgarh. .....Owner.
3. The Branch Manager, Branch Office, Ifco Tokio General Insurance
Company Limited, 345, 347, Third Floor, Lal Ganga Shopping Mall,
Raipur, District - Raipur, Chhattisgarh. ....Insurer.
---- Respondents
For Appellants : Ms. Aashtha Sharma, Advocate on
behalf of Mr. Goutam Khetrapal, Adv.
For Respondent No. 2 : Mr. Shiv Sewak, Advocate on behalf of
Mr. Abhishek Sharma, Adv.
Hon'ble Smt Justice Rajani Dubey, J.
C A V Judgment
1. This appeal arises out of the award dated 22.12.2014 passed by 1st
Additional Motor Accident Claims Tribunal Rajnandgaon (C.G.), in Claim
Case No. 11/2014 awarding a compensation of Rs.2,50,000/- with interest @
6% per annum, in favour of the appellants/claimants for their irreparable loss.
2. The facts of the case, in brief, are that the appellants are the parents
of deceased Harish Kumar Sahu. On the date of the incident i.e. 08.11.2012
the deceased was working in the field of his village. At that time respondent
No. 1 herein drove the tractor in a rash and negligent manner and dashed
the deceased due to which the deceased sustained grievous injuries.
Thereafter, the deceased was taken to hospital but midway he died. After that
on the same day i.e. 08.11.2012 a report was lodged, based on which Crime
No. 242/2012 for offence under Section 304A of IPC was registered against
respondent No. 1. It is stated that on the date of the incident, the age of the
deceased was only 14 years who was mentally as well as physically fit, he
was studying in Class-VII and an intelligent student as well as good in sports.
Prior to the said incident, the deceased was working as a labour from which
he earned Rs. 4500/- per month. Due to the casual death of the son of the
appellants, there is an irreparable loss to the appellants. Therefore, the
appellants preferred an application to claim a total compensation of Rs.
11,97,000/-.
3. After evaluating the evidence available on record, the Tribunal has
awarded the compensation of Rs.2,50,000/- along with interest @ 6% per
annum in favour of the appellants/claimants. Hence, this appeal for
enhancement.
4. Learned counsel for the appellants/claimants submits that the
compensation awarded by the Tribunal is on the lower side and needs to be
enhanced suitably. He further submits that the claimants have pleaded the
income of the deceased as Rs. 54000/- per annum, but the learned Claims
Tribunal has only assessed the income of the deceased as Rs. 15,000/- per
annum and total compensation of Rs. 2,50,000/- has been awarded including
the amount of other conventional heads of Rs. 25,000/-. He next submits that
the learned Claims Tribunal ought to have assessed the compensation after
calculating the future prospect and growth in the income of the deceased.
The learned Claims Tribunal has only assessed the annual income of Rs.
15,000/- which is too low and ought to have assessed at least Rs. 48,000/-
per annum. Therefore, this appeal may be allowed and the awarded
compensation may kindly be suitably enhanced in favour of the appellants, in
the interest of justice.
5. On the other hand, it has argued on behalf of the counsel for
respondent No. 2 that in the facts and circumstances of case, the
compensation awarded by the Claims Tribunal is just and proper and
requires no further enhancement.
6. Heard counsel for the parties and perused the documents on record.
7. In a motor accident claim case, what is important is that, the
compensation to be awarded by the Courts/Tribunals should be just and
proper compensation in the facts and circumstances of the case. It should
neither be a meager amount of compensation, nor a Bonanza.
8. Now this Court shall examine as to whether the compensation of
Rs.2,50,000/- awarded by the Tribunal is just and proper compensation in the
given facts and circumstances of the case.
9. In the instant case, the claimants have pleaded the income of
deceased Rs. 45,000/- per annum and the learned claims Tribunal has
assessed income of deceased only Rs. 15,000/- per annum. The incident
took place in the year 2012 and the income of unskilled worker at that time
was Rs. 4,500/- per month. Therefore, in absence of any specific oral and
documentary evidence as to the income of the deceased, it can safely be
taken as Rs. 4,500/- per month i.e. Rs. 54,000/- per annum.
10. In the matter of Magma General Insurance Co. Ltd. Vs. Nanu,
reported in AIR Online 2018 SC 189, where the date of accident was
01.12.2013, income of deceased whereas aged about 24 years, was
assessed as Rs. 6,000/- per month and 40% future prospect i.e. Rs. 2400/-
was added to the income of the deceased. Therefore, in the instant case
income of deceased is taken as Rs. 4,500/- per month on notional basis and
after adding 40% towards future prospect i.e. Rs. 2400/-, the monthly
income comes to Rs. 6,900/- i.e. Rs. 82,800/- per annum.
11. The deceased was aged about 14 years and the claimants are the
parents of the deceased so deduction towards personal and caring expenses
would be 50% which is Rs. 41,400/-. In view of judgment of the Hon'ble
Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport
Corporation and another reported in (2009) 6 SCC 121 considering the age
of the deceased, after applying multiplier of 15, the total loss of dependency
works out to Rs. 6,21,000/-. As per 'NATIONAL INSURANCE COMPANY
LTD., VS PRANAY SETTI AND OTHERS', (2017) 16 SCC 680, the
claimants are further entitled for loss of estate Rs. 15,000/-, loss of love and
affection Rs. 40,000/- each i.e. Rs. 80,000/- and for funeral expenses Rs.
15,000/-. Therefore, the claimants would become entitled for total
compensation of Rs. 7,31,000/-. Thus, the claimants are entitled for
compensation in the following manner:-
S.No. Head Awarded by the Awarded by this
Tribunal Court
01 Towards loss of dependency 2,25,000/- 6,21,000/-
02 Towards loss of Estate Nil 15,000/-
03 Towards loss of Love and 20,000/- 80,000/-
Affection
04 Towards funeral Expenses 5,000/- 15,000/-
Total 2,50,000/- 7,31,000/-
12. For the foregoing reasons, the appeal is allowed in part. The amount
of compensation of Rs. 2,50,000/- awarded by the Tribunal is enhanced to
Rs. 7,31,000/-. Hence, after deducting the amount of Rs. 2,50,000/-, the
claimants are held entitled for an additional amount of Rs. 4,81,000/-. The
additional amount shall carry interest @ 6% per annum from the date of
claim petition till realization. The impugned award stands modified to the
above extent and rest of the conditions shall remain intact.
Sd/-
(Rajani Dubey)
Judge
H. L. Sahu
