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Judgment
This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 21.03.2023, passed in Claim Case No.345/2022 by learned 9th Additional Motor Accident Claims Tribunal, Raipur (CG), whereby the learned Claims Tribunal has awarded a total sum of Rs.14,38,358/- as compensation for the death of Priyanka Das who was aged about 26 years and died in a road accident which took place on 15.01.2022.
Learned counsel for the appellant would submits that the learned Claims Tribunal has erred in awarding lesser amount of compensation in the facts of the case. The Claims Tribunal has assessed the income of the deceased on the lower side, which needs to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced.
Learned Counsel appearing on behalf of Respondents No.1 & 2 submits that at the time of accident, the vehicle was insured with Respondent No.3, therefore, Respondents No.1 & 2 are not liable to pay any amount of compensation.
None appeared on behalf of Respondent No.3.
I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.
In the case at hand, true it is that the learned Tribunal has taken the monthly income of the deceased to be Rs.7800/-, which ought to be Rs.9280/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, to that extent the impugned award needs to be modified.
Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors3, this Court is computing the compensation as below:-
| Sr. No. | Heads | Compensation awarded by the Tribunal | Compensation awarded by this Court |
|---|---|---|---|
| 1 | Income | Rs. 7800/- (monthly) | Rs. 9280 x 12 = 1,11,360/- |
| 2. | Future prospect | (+)40% (i.e. Rs. 3120) = 10,920/- | (+)40% (i.e. Rs. 44,544) = 1,55,904/- |
| 3. | Deduction | (-) 1/2 (i.e. 5460) = 5460/- (Rs.65,520/- per annum) | (-) 1/2 (i.e. 77952) = 77,952/- |
| 4. | Multiplier | (x) 17 = 11,13,840/- | (x) 17 = 13,25,184/- |
| 5 | Other conventional heads | Rs. 1,21,000/- | Rs. 1,21,000/- (16500+16500+88000) |
| 6 | Medical expenses | 1,88,518/- | 1,88,518/- |
| 7 | Transportation | 15,000/- | 15,000/- |
| Total | Rs. 14,38,358/- | Rs. 16,49,702/- |
In view of the aforesaid analysis, the amount of compensation of Rs.14,38,358/- awarded by the Claims Tribunal is enhanced to Rs.16,49,702/-. Hence, after deducting the amount of Rs.14,38,358/-, the appellants are held entitled for an additional amount of Rs.2,11,344/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.
In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.
The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides.