AMRIT BHANU SHALI & ORS. versus NATIONAL INSURANCE CO. LTD. & ORS.

Citation: [2012] 5 S.C.R. 207 · Decided: 04-04-2012 · Supreme Court of India · Bench: G.S. SINGHVI, S. J. MUKHOPADHAYA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2012] 5 S.C.R. 207 
AMRIT BHANU SHAU & ORS. 
v. 
NATIONAL INSURANC~ CO. LTD. & ORS. 
(Civil Appeal No. 3397 of 2012) 
APRIL 04, 2012 
[G.S. SINGHVI AND SUDHANSU JYOTI 
MUKHOPADHAYA, JJ.] 
A 
B 
Motor Vehicles Act, 1988 - s. 166 - Fatal accident - Of 
unmarried man aged 26 years - Parents and unmarried sister C 
of deceased filing petition claiming compensation - Tribunal 
holding that only parents were dependents as the sister got 
married in the meantime - Taking into account his age, his 
unmarried status and his annual salary, deducting 50% for 
personal and living expenses and applying multiplier of 17, 
D 
awarded compensation of Rs. 8, 66, 0001- - High Court reduced 
the compensation to Rs. 6, 68, 0001- by applying multiplier of 
13 - On appeal, held: Tribunal rightly used the multiplier of 
17 based on the age of the deceased and not on the basis of 
the age of the dependents and rightly deducted 50% for 
E 
personal and living expenses - Age of dependents has no 
nexus with the computation of compensation - Compensation 
computed deducting 50% for personal and living expenses 
and using multiplier of 17 - Rs. 1,00,000 granted towards the 
affection of the son, Rs. 10,000 towards funeral and ritual F 
expenses and Rs. 25001- on account of loss of sight - Thus 
granting compensation amounting to Rs. 9,54,0001- - Also 
awarded interest @ 6% P.A. from the date of filing of the claim 
petition - Compensation - Interest. 
Sar/a Verma v. Delhi Transport Corporation (2009) 6 
G 
sec 121 - relied on. 
Kera/a SRTC v. Susamma Thomas (1994) 2 SCC 176 
; U.P. SRTC v. Trilok Chand (1996) 4 SCC 362; New India 
207 
H 
208 
SUPREME COURT REPORTS 
[2012] 5 S.C.R. 
A Assurance Co. Ltd. v. Charlie (2005) 10 SCC 720: 2005 (2) 
SCR 1173; Fakeerappa v. Karnataka Cement Pipe Factory 
2004 (2) SCC 473: 2004 (2) SCR 369 - referred to. 
B 
c 
D 
Case Law Referennce: 
(2009) 6 sec 121 
Relied on 
Para 15 
(1994) 2 sec 176 
Referred to 
Para 15 
(1996) 4 sec 362 
Referred to 
Para 15 
2005 (2) SCR 1173 
Referred to 
Para 15 
2004 (2) SCR 369 
Referred to 
Para 15 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
3397 of 2012. 
From the Judgment & Order dated 12.11.2010 of the High 
Court of Chhattisgarh at Bilaspur in Misc Appeal © No. 515 of 
2010. 
Dr. Rajesh Pandey Mridula Ray Bharadwaj for the 
E Appellants. 
F 
G 
S.L. Gupta, M.S. Mangla, Ram Ashray, Shalu Sharma for 
the Respondents. 
The order of the Court was delivered 
ORDER 
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 
H as was claimed, the appellants preferred this appeal. 
AMRIT BHANU SHALi & ORS. v. NATIONAL 
209 
INSURANCE CO. LTD. & ORS. 
4. The deceased-Ritesh Bhanu Shali, son of the 1st and 
A 
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 1st appellant-Amrit 
Bhanu Shali is the father, the 2nd appellant-Smt. Sarlaben is 
B 
the mother and 3rd appellant-Mamta Bhanu Shali is the sister c 
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 fune of 
Rs.25,50,000/-. 
D 
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 <;>f the parties the Tribunal framed the following 
issues: 
E 
"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 jointl
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