HIGH COURT OF CHHATTBOARH AT BILASPUR DIVISIONBiNCH CORAM: HON^BLE SHRI RAJEEV <»JPTA,CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. r ^ Appellants Claimants Applicants '.^ ^ f -s. Respondents Misc. ADpeal No. 1373 of 2WS 1 Smt. Rani Thakur w/o late Basant Thakur aged25 yrs. 2 Smt. Urwa^hi Tt^ikur s/o Ram Swaroop, aged 60 yre. 3 Tarun Thakur s/6 Basant Thakur, s^ed 04yrs. 4 Ku. Rltu Thakur d/o Basant Thakiff aged02yrs. The appellants no. 3 and 4 minors through moither All R/o C/o Vijay Thakur, Shivajl Chowk, near Masiid. Sartoshi N^ar Tikarapara, Tahsil & dist. Raipur C.G. VERSOS Sant KumarQihare Wo Shesh Narayan Gilhare aged 23yrs. R/o Deo Puri, near Jait Khamba Temple P.S. Tilcarapara, dist. Raipur C.G. Vehicle Driver. Chandal Ram Mandhanl c/o M.S. Lal Medlcine Center, Shop No. . Deopuri, P.S. Tikarapara. djstrict Raipur C.G. Vehicte Owner. New India Assurance Co. Ltd; through DMsional Manager, Divislonal Office, 1st Floor, Madina Buiteling, Jalt Road. RaipurC.G. Insurer. MISCELLANEOUS APPEAL UNDER SECTION173 OF MOTOR VEHIGLES ACT B- 1 ^ -X •s^ Present : Shri Amiyakant Thwari, oounsel fw the appeltants. None for respondents No.1 and 2. Shri Ajay Mishra, counsel on behalf of Shri Prashant Jayaswal, Senior Counsef for r^pondent N®.3. ORDER (11th April, 2011) The following order of the Court was passed by Rajeev Gupta, CJ. This is claimants' appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunat') vide award dated 17.08.2005. passed in Claim Case No.48/2004. 2) As against the compensation of Rs.17,65,000?-, cteimed by the appellants/claimants, unfortunate widow, mlnor chtidren and mother of deceased Basant Kumar Thakur by filing a ctaim petition under Section 166 of the Motor Vehictes Act, for his death on •p-^-. 17.01.2004 on account of the injuries sustained by him in the motor accident on 03.01.2004, the Tribunal awarded a total sum of Rs.2,38,591/- as compensation to the claimants aitong w h interest @ 9% per annum from the date of the filingof the Glaim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the errtire evidence led before it held that deceased Basant Kumar Thakur died on •^KSiSiS^ iiliiliiillt 17.01.2004 on account of the injuries sustained by hlm in the motor accident on 03.01.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehide Auto Delivery Van bearing registration No.CG-040/2156; as theabove offencting vehicte Auto Detivery Van on the date of the accident was insured with the New India Insurance Company Limited. and the Insurance Company could not establish any breaGhofthe potteycondttioRs, the Insurance Company^was liabte to pay the compen^itton 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.15,000/- per annum. By deducting 1/3rd of Rs.1S,000/- towards the personat expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/- per annum. By multiplylng the annual dependency of Rs.10,000/- with the multiptier of 18, the compensation was worked out to Rs.1,80,000/-. By awarding further sum of-Rs.9,500/- under other heads and Rs.49,091/- towards medical expenses, the Tribunal awarded a total sum of Rs.2,38,591/- as compensation to the daimants for the death of deceased Basant Kumar Thakur in the motor accident. The Tribunal further directed payment of jnterest on the abdve amount of compensation of Rs.2,38,591/- @ 9% perannum from the date of the filing ofthe claim petition till the date of actual payment. ?f t G<. 6) Shri Anriiyakant Thwari, learned counsel for the appellants submitted that the Tribunal has erred in assessfng the income of the deceased at Rs.15,000/- per annum only; and in awartfing low compensation ofRs.2,38,591/- only. 7) Shri Ajay Mishra, leamed counsel appearing on behalf of Shri Prashant Jayaswal, leamed Senior Counsel for respondent No.3 the New India Insurance Company Limited, the jnsurer of the offending vehicle Auto Delivery Van, on the other hand supported the award and contended that the compensation of Rs.2,38,591/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) In a motor accident claim case what is important is that the compensation to be awarded by the Courts / Trtbunate should be just and proper compensation in the facts and circi.tmstances of the case. It should neither be a meager amountof compensartion, nor a bonanza. 9) Now, we shall examine as to whether the compensation of Rs.2,38,591/- awarded by the Tribunal is just and proper compensatfon in the facts and circumstances ofthe present case. 10) True, the claimants pleaded iat deceasect Basant Kumar Thakur used to earn Rs.6,000/- per month as Taxi Driver, nocogent and reliable evidence was led before the Tribunal to establish the above occupation of the deceased and his income to the extent of Rs.6,000/- per month. ^ The claimants even dtel not examine the employer of the deceased before the Tribunat. In this state of '-wsxx ^liSti^ \ evldence, we do not find any fault in the approach of the Tribunal in discarding the clalmants' evidence about the income of the deceased. 11) Nevertheless, the income of the deceased assessed by the Tribunalat Rs.15,000/- perannum in the year 2004 is certeinly pra the lower side and requires reconsideration. 12) Considering that deceased Basant Kumar Thakur was aged about 28 years on the date of the accident, we are of the opinion that he could have easily earned Rs.70-75/" per day even by working as an unskilled labour. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 13) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/-per annum. 14) Considering that deceased Basarrt Kumar Thakur was aged about 28 years, in our optnion, multiplier of 17 would be appropriate in the present case in view of the dictum of the Apex Court in the case of Saria Vemia (Smt) and others Versus Delhi Transport Corporation and another reportedin (2009) 6 SuprCTtie Court Cases 121, wherein multiplier of 17 is prescribed for the age group between 26-30 years. 15) By multiplying the annual dependency of Rs.16,000/" with the multiplier of 17, the compensation works out to Rs.2,72.000/-. By awarding further sum of Rs.5,000/- towards funeral expenses; •^^^^ ./^^ ~v^ ^^J/ vsy 1; 6 Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow and by adding the sum of Rs.4Q,091/- awarded by the Tribunal towards medical expenses, the daimants become entitled to receive a total sum of Rs.3,36,091/- as compensation for tfte death of deceased Basant Kumar Thakur in the motor aecident. 16) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Trtbunal gbout the period for whteh the claimants are entttled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantifled In this appeal Iteelf. 17) Considering all the relevant aspects of the matter, inctyding the delay in disposal of the claim petttion and tfte presait appeal, and the faet that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.97,500/- at Rs.9,500/-. 18) For the foregoing reasons, the appeal filed by theappellante/ claimants for enhancement of the compensation is allowed in part. The compensatlon of Rs.2,38,591/- awarded by the Tribunal is enhanced to Rs.3,36,091/- with further quantifled amount of jnterest of Rs.9,500/- on the enhanced amount of compensation of Rs.97,500/-. 19) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of ^ -^ ~'-:^£<^^:.. ^. •...^^&^i^ >€y ^/ "%^/./ Rs.1,07,000/- (Rs.97,500/- towards enhanced amount of compensation + Rs.9,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.97,500/-) before the concerning Claims Tribunal. 20) No order as to costs. Sd/- Chief Justice Sd/- Sunil Kumar Sinha judge nimmi