1 2025:CGHC:45024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1261 of 2022 United India Insurance Company Limited Through Its Divisional Manager, Divisional Office 1st Floor L I C Building, Magarpara Road, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh, Chhattisgarh ... Appellant/Insurer versus 1 - Smt. Santoshi Vastrakar W/o Jageshwar Prasad Aged About 45 Years R/o Sambalpuri, Tahsil And Police Station Sakari, District Bilaspur, Chhattisgarh 2 - Jageshwar Prasad S/o Late Deersai Vastrakar Aged About 50 Years R/o Sambalpuri, Tahsil And Police Station Sakari, District Bilaspur, Chhattisgarh 3 - Milan Vastrakar S/o Jageshwar Prasad Aged About 24 Years R/o Sambalpuri, Tahsil And Police Station Sakari, District Bilaspur, Chhattisgarh 4 - Chandrabali S/o Latel Aged About 30 Years R/o Village Semaria, Ward No. 1, Police Station And Tahsil Pamgarh, District Janjgir Champa (Driver), Chhattisgarh 5 - Pankaj Singh S/o Shri Lalla Singh R/o H- No. 74/14, Nehru Nagar East, Near Krishna Public School, Bhilai, District Durg (Owner), Chhattisgarh ... Respondents HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.04 10:44:57 +0530 2 For Appellant :Mr. Dashrath Gupta, Advocate For Respondents 1 - 3 :Mr. Rakesh Kumar Sahu on behalf of Mr. K.P.S. Gandhi, Advocates For Respondent No. 4 & 5 :Mr. Sanjeev Kumar Sahu, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 03.09.2025 1. The appellant (Insurance Company) has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter, “the Act of 1988”) challenging the impugned award dated 23/07/2022 passed by learned 2nd Additional Motor Accident Claims Tribunal Bilaspur, (C.G.) in Claim Case No. 177/2020 whereby compensation of Rs. 45,85,200/- has been awarded in favour of respondents No. 1 to 3/claimants for the death of Nischay Vastrakar, aged about 23 years, who worked as an Accountant at M/s Vijay Bahadur Thapa Security Agency, Bilaspur and liability of payment of compensation has been fastened upon the appellant (Insurance Company). 2. Learned counsel for the appellant would raise a solitary contention that since deceased was unmarried, therefore, ½ deduction ought to have been made towards his personal expenses in light of the decision rendered by the Supreme 3 Court in the matter of Sarla Verma and Ors. v. Delhi Transport Corporation and Anr.1 whereas the Claims Tribunal has erred in making 1/3rd deduction towards his personal expenses, therefore, the impugned award be modified and the compensation granted in favour of the claimants be reduced. 3. Learned counsel for the respondents would support the impugned award and submit that the Claims Tribunal has awarded just and fair compensation which does not warrant any interference by this Court, accordingly, the instant appeal is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. In the matter of Sarla Verma (supra), their Lordships of the Supreme Court have clearly held that if the deceased is a bachelor and has a large family who are dependent on his income, his personal expenses may be deducted as 1/3rd. Paragraph 32 of the judgment states as under :- “32. Thus even if the deceased is survived by parents and siblings, only the mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family of the bachelor is large and dependent on the income of the 1 (2009) 6 SCC 121 4 deceased, as in a case where he has a widowed mother and large number of younger non-earning sisters or brothers, his personal and living expenses may be restricted to one-third and contribution to the family will be taken as two- third.” 6. The decision rendered by the Supreme Court in the matter of Sarla Verma (supra) has been duly considered by the Claims Tribunal, who has clearly recorded a finding that claimants are father and mother and unmarried brother of the deceased who were dependent upon the income of the deceased, and proceeded to deduct 1/3rd income as personal expenses of the deceased. The said finding recorded by the Claims Tribunal is absolutely in accordance with law and I do not find any good ground to interfere with the impugned award. 7. Accordingly, this appeal is dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet