Chattisgarh High Court
Ansum Bhardwaj vs Birbal Dhritlahare on 9 April, 2025
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Digitally signed by
SHUBHAM SINGH
RAGHUVANSHI
Date: 2025.04.15
18:32:00 +0530
2025:CGHC:17114
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 805 of 2018
1 - Ansum Bhardwaj, S/o Late Chandra Kumar Bhardwaj, Aged
About 9 Years, Minor Through Legal Guardian Mother Smt. Kirti Devi,
R/o Village Mudpar Post Khedha Thana Sambalpur District
Bemetara, Chhattisgarh
2 - (Deleted), Jagatram (As Per Hon'ble Court Order Dated 13-02-
2024), aged about 70 years, S/o Shobharam, R/o Village Mudpar
Post Khedha Thana Sambalpur District Bemetara, Chhattisgarh
3 - Jathiya Bai W/o Jagatram Aged About 68 Years R/o Village
Mudpar Post Khedha Thana Sambalpur District Bemetara,
Chhattisgarh
4 - Smt. Kirti Devi W/o Late Chandra Kumar Bhardwaj Aged About
45 Years R/o Village Mudpar Post Khedha Thana Sambalpur District
Bemetara, Chhattisgarh................................................. (Claimants)
... Appellants
versus
1 - Birbal Dhritlahare, S/o Late Shankar Lal Dhritlahare, Aged About
28 Years, R/o Village Keslikhurd, Thana Fastarpur, District Mungeli,
Chhattisgarh................................................(Owner cum Driver)
2 - I.C.I.C.I. Lombard General Insurance Company Limited Through
Branch Manager, Branch Office Commercial Bhawan Ground Floor
Devendra Nagar Road Raipur, Chhattisgarh.....................(Insurer)
3 - Bina @ Vina Bhardwaj W/o Late Chandra Kumar Bhardwaj Aged
About 42 Years R/o Sai Temple Near Purani Sharab Bhatthi
Jarhabhatha Thana Civil Line Tahsil And District Bilaspur,
Chhattisgarh
4 - Rahul Bhardwaj, S/o Late Chandra Kumar Bhardwaj, Aged About
20 Years, R/o Sai Temple Near Purani Sharab Bhatthi Jarhabhatha
Thana Civil Line Tahsil And District Bilaspur, Chhattisgarh
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5 - Atul Bhardwaj S/o Late Chandra Kumar Bhardwaj Aged About 17
Years Minor Through Legal Guardian Mother Smt. Bina @ Vina
Bhardwaj, R/o Sai Temple Near Purani Sharab Bhatthi Jarhabhatha
Thana Civil Line Tahsil And District Bilaspur, Chhattisgarh
6 - Ku. Kajal @ Naina D/o Late Chandra Kumar Bhardwaj Aged
About 12 Years Minor Through Legal Guardian Mother Smt. Bina @
Vina Bhardwaj, R/o Sai Temple Near Purani Sharab Bhatthi
Jarhabhatha Thana Civil Line Tahsil And District Bilaspur,
Chhattisgarh...........................(Respondents No.3 to 6 Claimants)
—- Respondents
For Appellants/Claimants: Mr. A.L. Singroul, Advocate.
For Respondent No.2 : Mr. Tessy Abraham, Advocate on behalf
of Mr. Amrito Das, Advocate
For Respondents/Claimants
No.3 to 6 : Mr. Ravipal Maheshwari, Advocate
Hon’ble Shri Justice Sanjay Kumar Jaiswal
Order on Board
(09.04.2025)
1. This appeal arises out of the award dated 15.11.2017 passed by
Motor Accident Claims Tribunal, Bilaspur (C.G.), in MACT
No.525/2015 awarding a compensation of Rs.46,35,440/- with
interest @ 6% per annum, in favour of the claimants/appellants and
Respondents No.3 to 6 for their irreparable loss.
2. The averment in the claim petition, is that on 11.08.2015
Chandrakumar Bhardwaj (now deceased) was coming from Navagarh
to Mungeli on his motorcycle, before 10 Kms of village Temri Mungeli,
driver-owner/respondent No. 1 of offending vehicle (Tata Magic)
bearing registration No. CG-28-9296 drove the vehicle in rash and
negligent manner and dashed the motorcycle of the deceased, due to
which the deceased sustained grievous injuries and during treatment
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died in a hospital. A report of the incident was lodged, based on which
offence was registered. It is stated that on the date of the accident,
age of the deceased was aged about 48 years, he was a public servant
(Lecturer) and was earning Rs. 47,196/- per month from his job. Due
to the casual death of the deceased, there is an irreparable loss to the
appellants/claimants. Therefore, the appellants (two wife, children
and mother-father of the deceased) preferred an application before the
Tribunal claiming compensation to the tune of Rs. 81,72,576/-.
3. Learned Tribunal, on a close scrutiny of the evidence brought on
record, estimated the age of the deceased to be between 50 and 55,
assessed monthly income of the deceased to Rs.45,113, given 15%
future prospects, deducted 1/3 income towards personal and living
expenses and applied multiplier of 11 and awarded Rs. 45,65,440/-.
Furthermore, Rs.70,000/- has been awarded by the Tribunal in other
heads. Thus, total Rs.46,35,440/- has been awarded in favour of the
appellants/claimants with interest @ 6% per annum, from the date of
application till its realization.
4. While passing the impugned award, as the Tribunal has found that
there was a breach of insurance policy conditions, therefore, the
Tribunal has exonerated the insurance company. However, an order
of pay and recover has been passed by the Claims Tribunal. Hence,
this appeal has been filed by the claimants for enhancement of the
compensation.
5. Learned counsels appearing for the claimants submit that the
compensation awarded by the Tribunal is on the lower side and needs
to be enhanced suitably. They further submit that the learned Claims
Tribunal has deducted 1/3 of income towards personal and living
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expenses though looking to the numbers of legal representatives(total
8), the deduction would be 1/5. The learned counsels further submit
that the Tribunal has also awarded lesser amount on other heads,
therefore, this appeal may be allowed and amount of compensation
may be enhanced suitably.
6. None appeared on behalf of respondent No. 1.
7. On the other hand, it is submitted on behalf of counsel for
respondent No.2 that in view of facts and circumstances of case, the
Claims Tribunal has rightly exonerated the Insurance Company from
its liability. However, he prays that the order of pay and recover may
be set-aside.
8. Heard counsel for the parties and perused the documents on
record.
9. Now this Court shall examine as to whether the compensation of
Rs.46,35,440/- awarded by the Tribunal is just and proper
compensation in the given facts and circumstances of the case?
10. As regards the income of the deceased, as per the last salary slip
(Ex.A-12) of deceased Chandrakumar Bhardwaj and document (Ex.A-
13), the Claims Tribunal has rightly assessed the monthly income of
the deceased to Rs.45,113/-, I find it appropriate to take income of
deceased as Rs. 45,113/- per month. The annual income comes to
Rs. 5,41,356/- per annum. As per National Insurance Company
Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding
15% towards future prospects i.e. Rs. 81,203/-, the annual income
comes to Rs.6,22,559/-.
11. From the annual income of the deceased, there will be statutory
deduction towards income tax. The income tax slab for the financial
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year 2015-2016 was as follows:
Income Tax Slabs Income Tax Taxable Income Total Tax
in the FY 2015-16 Rates
0 to 2.5 Lakh nil nil nil
2.5 lakh to 5 lakh 10% Rs.2,50,000/- Rs. 25,000/-
5 lakh to 10 lakh 20% Rs.1,22,559 Rs. 24,511
Total 49,511/-
12. In view of the same, after deduction of income tax, the annual
income comes to Rs.5,73,048 (622559-49511).
13. The deceased was aged about 50-55 years and the claimants are
the two wife, children and mother-father of the deceased so deduction
towards personal expenses would be 1/5 instead of 1/3 i.e.
Rs.1,14,609/- which dependency comes to Rs. 4,58,439/- (573048 –
114609). 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 and National Insurance
Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680
considering the age of the deceased, after applying multiplier of 11,
the total loss of dependency works out to Rs. 50,42,829/- (458439 x
11). The claimants are further entitled to get Rs. 15,000/- for loss of
estate, Rs. 15,000/- for funeral expenses and as per ‘Magma General
Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189,
they are further entitled to get Rs. 40,000/- each for loss of love and
affection. Therefore, the claimants would become entitled for total
compensation of Rs. 53,92,829/-. Thus, the claimants are entitled for
compensation in the following manner:-
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S.No. Heads Calculation
01 Towards loss of dependency Rs. 50,42,829/-
02 Towards loss of estate Rs. 15,000/-
03 Towards love and affection to Rs. 3,20,000/-
each claimants @ Rs. 40,000/-
(40000 x 8)
04 Funeral Expenses Rs. 15,000/-
Total Rs. 53,92,829/-
14. Thus, the total compensation is recomputed as Rs. 53,92,829/-.
After deducting Rs. 46,35,440/- as awarded by the Tribunal, the
enhancement would be Rs. 7,57,389/-. The enhanced amount will
carry interest @ 6% from the date of enhancement of the award till its
realization.
15. In the result, the appeal is partly allowed. The impugned award
stands modified to the above extent and rest of the conditions shall
remain intact.
16. The Registry is further directed to communicate the claimants in
writing “the enhanced amount” in this appeal as against the amount
awarded by the 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.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Shubham