HIGHCOURTOFCHHATtlSGARHATBILASPUR DIVISIONBENCH CORAM: HON'BLE SHRIRAJEEV GUPTA, CJ. HON'BLESHRI PRASHANTKUMARMISHRA,<J. Misc. Appeal No. 380 of 2006 ADpellants Claimants -M • 1. Smt. Purnima Bai aged about 20 years wd/o Late Jitendra Renge 2. Dhanendra Kumar, aged 4 months S/o. late JitendraRenge 3. Smt. Sushila, aged about 45 years wd/o late Hiralal Renge 4. Surya, aged about 7 years s/o. late Hiralal Renge 5. Suraj, aged about 15 years S/o late 'HiralalRenge. 6. Ku. Mamta, aged about13 years S/o late Hiralal Renge. 7. Devraj, aged about 17 years S/o. late Hiralal Renge Appellaftt No.2 minor Through natural guardian appellant No.lSmt. Purnima Bai & appellant No. 4, 5, 6 & 7 minors through natursil guardian mother appellant No.3 Smt. Sushila Bai R/o. Vill. Dumartalab, Mana Police Station, districtRaipurC.G. VERSUS ResDondents Onkar Singh aged about 28 years S/o Chaituram Nirmalkar R/o. near Ramnagar Muktidham Bhilai, P.S. Supela, district DurgC.G. Ravindra Pal Singh Bedi S/o Daljit Singh Bedi R/o Bedi Complex, Bedi Colony Nandni Road, Bhilai District ^- Durg C.G. 3. The United India Insurance Com. Ltd. Through Branch Manager, Branch Office Krishna Complex, Jail Road, District RaipurC.G. MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT. 1988 Present: Shri R. Pradhan and Ms. Sashi Bareth, counsel for the appellants. Ms. Sharmila Singhai, counsel for respondents No.1 and2. Shri Sanjay S. Agrawal, counsel for respondent No.3. ORDER (24th March, 2011) The following order of the Court was passed by Rajeev Gupta,C.J. This is claimants' appeal for enhancement of the compensation awarded by the 11* Additional MotorAccident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 30.07.2005, passed in Claim Case No.77/2004. 2) As against the compensation of Rs.13,64,000/- claimed by the appellants/ claimants, unfortunatewidow, minor son, mother, brothers and sister of deceased Jitendra Renge, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 20.05.2003, the Tribunal awarded a total sum of Rs.2,63,880/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. ^^ y^ The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Jitendra Renge died on accouht ofthe injuries sustained by him in the motor accident on 20.05.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Metador bearing registration No.C.G.07-ZB- 0662; as the above offending vehicle Metadoron the date of the accident was insured with the United India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.70/- per day; and Rs.1,680/- per month assuming that the deceased was getting work only for 24 days in a month. By deducting Rs.500/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.1,180/- per month and Rs.14,160/- per annum. By multiplying the annual dependency of Rs.14,160/- with the multiplier of 18, the compensation was worked out to Rs.2,54,880/-. By awarding further sum of Rs.9,000/- under other heads, the Tribunal awarded a total sum of Rs.2,63,880/- ascompensation to theclaimants for the death of deceased Jitendra Renge in the motor accident. The Tribunal further directed payment of interest on the above amount 4 '^.; "^' of compensation of Rs.2,63,880/- @ 6% per annum from the date offiling ofthe claim petitiontill the date of actual payment. 6) Shri R. Pradhan and Ms. Sashi Bareth, learned counsel fOr the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.1,680/- per month only; and in awarding low compensation of Rs.2,63,880/- only. 7) Shri Sanjay S. Agrawal, learned counsel for respondent No.3, the United India Insurance Company Limited, on the other hand, supported the award and contended that thecompensatiqn of Rs.2,63,880/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) Ms. Sharmila Singhai, learned counsel for respondents No.1 and 2, the driver and owher of the offending vehicle Metador also supported the award. 9) 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. 10) Now we shall examine as to whether the compensation of Rs.2,63,880/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 11) True, the claimants pleaded that deceased JitendraRenge used toearn Rs.4,000/- per month by working in Mahalaxmi TJ "-? Condenser, no cogent and reliable evidence was led before the Tribunal to establish the income of the deceased to thatextent. Neither the proprietor of the said concern nor any otherco-worker was examined before the Tribunal to establish the above employment of the deceased and his income to the extent of Rs.4,000/- per month. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income ofthe deceased. 12) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.1,680/- per month in the year 2003 is certainly on the lower side and requires reconsideration. 13) Considering that deceased Jitendra Renge, on the date of the accident, was aged about 30 years and was working at District Headquarter, Raipur, we are 6f the opinion that he could have easily earned Rs.80-90/- perday in the year 2003 even by working as an unskilled labour. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.2,500/- per month and Rs.30,000/- per annum. 14) By deducting the usual 1/3rd of Rs.30,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.20,000/- per annum. 15) Considering the age of the deceased, his widow and other claimants, we are of the opinion that multiplier of 16 would be appropriate in the present case. l**^- .\.- '^ • 16) By multiplying the annual dependency of Rs.20,000/- with the multiplier of 16 the compensation works out to Rs.3,20,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.3,35,000/- as compensation for the death of deceased Jitendra Renge in the motor accident. 17) Learned counsel for theparties submitted that with a view to avoid any possible dispute between the parties before the Tribunal about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhancedamount of compensation may be quantified in this appeal itself. 18) Considering all the relevant aspects of the matter, including the delay in disposal of the claim petition,and the present appeal and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify theamount of intere^t on the enhanced amount of compensation of Rs.71,120/- at Rs.8,880/-. 19) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,63,880/- awarded by the Tribunal is enhanced to Rs.3,35,000/- with further quantified amount of interest of Rs.8,880/—onthe enhanced amount of compensation of Rs.71,120/-. NINN^; 20) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.80,000/- (Rs.71,120/- towards enhanced amount of compensation + Rs.8,880/- towards quantified amount ofinterest on the enhanced amount of compensation of Rs.80,000/-) before the concerning Claims Tribunal. 21) No order as to costs. • _—— Sd/- ChiefJustice Sd/- Prashant Kumar Mishra Judge nimmi