Ciaimants 1 Smt. Krishna Kedia, Wd/o Late Shri Babulal Kedia, Aged about 50 years, Occupation - House Wife 2 Shri Vinod Kedia", S/'o Late Shri Babulal Kedia, Aged about 33 years, Occupation Business ; 3 Shri Pramod Kedla, S/o 1-ate Shri Babulal Kedia, Aged about 26 years Al! caste - Agrawal, R/o Kedarpur, Ambikapur, District Sarguja (CG) rtion Ani! Gupta, S/o Sarju Prasad Agsd about 23 years, Occupc Driver R/o Vill Rehla, District Paiamu, (Jharkhand) (Expired) Avjnash Chopda, S/o Shri RP (Itabhatta Businessman) Chopadapara, Ambikapur, District Sarguja United india Insurance Co. Ltd., Branch Office Near Ram Mandir, District Sarguja (CG) »rp,c;^nT ' Shri Sanjay None for Shri Dasarath grawal, counsei forthe appellants. No. 1 & 2. Gupta, counsel for respondent No.; 1 j ^/ '''•lia... 'y^.iy '"'^'ii-.ss^^'1 >rd The following order of the Court was passed by The unfortunate widow and major sons of deceased Babuial Kedia are the appellants before us in this appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Surajpur (for short 'the Tribunal') vidi award dated 20.01.2006, passed in Claim Case No.20/2005. 2) As against the compensation of Rs.1'4,74,000/'-, claimed by the appeliants/claimants, unfortunate widow and major sons of deceased Babuial Kedia by filing a ciaim petition under Section 166 of the iViotor Vehides Act, for his death on 18.12.2004, on account of the injuries sustained by him in the motor accident on 04.12.2004, the Tribunai awarded a total sum of Rs.97,000/- as compensation to the claimants along with interest @ 6% per annum from the date of the fiiing of the claim petition till the da'te of actual payment. 3) The Tribunai on a close scrutiny of the entire evidence ied bafore it heid that deceased Babulal Kedia died on 18.12.2004 on account of the injuries sustained by him in the motor accident on 04.12.2004; the accident occurred due to rssh and negligent drlving of the driver of the offending vehicle Truck bearing registration No.CG-15 ZE/0644; as the above offending vehicle Truck on the date ofthe accident was insured with the United india Insurance Company Limited, and the Insurance Company could not /'^*>. r r _i ,^'v^ %.. '^y establish sny breach of the- policy conditions, the Insurance Company was liable to pay the compensation to the claimants. 4) As the respondents have not filed any appea! against the award, fhe above findings recorded by fhe Tribunal have now attained finality. 5) The Tribunal assessed t'ne income of the deceased at Rs.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the ^4otor Vehicles Act. By deducting the usual. 1/3rd of Rs.15,000/- towards the personai expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the muitiplier of 8, the compensation was worked out to Rs.80,000/-. 3y awarding further sum of Rs.10,000/- towards medical expenses; Rs.5,000/- towards loss of consortium to the widow; and Rs.2,000/- towards funerai expenses, the Tribunal awarded a total sum of Rs.97,000/- as compensation to the ciaimants for the death of deceased Babulal Kedia in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.97,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Sanjay Agrawal, 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.15,000/- per annum only; in selecting *; ^] the lower multiplier of 8; and in awarding low compensation of Rs.97,000/- only. 7) Shri Dasarath Gupta, iearned counsei for respondent No.3 the United India Insurance Company Limited, on the other hand supported the award and contended that the compensation of Rs.97,000/- swarded by the Tribunal is just and proper compensation in the facts'and circumstances ofthe present case. 3) !n a motor accident claim case what is important is that the compensatlon to be awarded by the Courts / Tribunais 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. 9) Now, we shall examine as to whether the compensation of Rs.97,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) True, the claimants pleaded that deceased Babulal Kedia used to eam Rs.20,000/- per month from 'nis cloth business and agricuiture, the evidence ied in that behalf Vi/as not of clinchinc nature. No documentar/ evidence was produced before the Tribunal to establish that the deceased was doing any cloth business or that he owned any agricultural land. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. 11) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2004 is certainly on the lov.'er side and requires reconslderation. 12) Considering that deceased Babutal Kedia was aged about 55-57 years on the date of the accldent, we are of the opinion that he couid have earned Rs.80-90/- per day even by working as an unskiiled labour. We, therefore, propose to re-compute the compensation taking the income of ihe deceased at Rs.2,500/- per month and Rs.30,000/- per annum. \ 13) By deducting the usuai 1/3 of Rs.30,000/- towards the personal expenses of the deceased, the ciaiman.ts' dependency is assesssd at Rs.20,000/- per annum. 14) Considering that the two claimants, namely, Vinod Kedia and Pramod Kedia were aged about 33 years and 26 years on the date of the accident, we are satisfied that t'ne multiplier of 8 selected by the Tribunal is approprlate in the present case. 15) By muitiplying the annual dependency of Rs.20,000/- with the multipiier of 8, the compensation works out to Rs.1,60,000/-. 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 sum of Rs.10,000/- awarded by the Tribunal towards medica! expenses is certainly on the lower side considering that deceased Bgbulal Kedia was under treatment for more than 10 days. In our opinion, the Tribunal ought to have awarded Rs.20,000/- towards medical expenses. We, therefore, award Rs.20,000/- towards medical expenses. The claimants, /', ^':-*^ :^^ sr' ^ thus, become entitled to recelve a total sum of Rs.1,95,000/- as compensation for the death of deceased Babulal Kedia in the motor accident. 16) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before She Tribunal about the period for which the claimants are entitied-to receive intersst on the enhanced amount of compensation, the amount of interest on the enhanced amount- of compensation may be quantified in this appeal itself. 17) Considering a!l the relevant aspects of the matter including the deiay in disposal of the c!aim petition and the present appea!, and the fact that the Insurance Company alone is not to be blamee for the entire delay in the matter, we quantity the amount of interest on the enhanced amount of compensation of Rs.98,000/ 18) For the foregoing reasons, the appellants/ claimants for enhancement of the aiiowed in part. The compensation of Rs.97,000/- Tribunal is enhanced to Rs.1,95,000/- with further by the ion is by the quantified amount.of interest of Rs.10,000/- on the enhanced amount of compensation of Rs.98,000/-. 19) Respondent No.3 the United india Insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,08,000/- (Rs.98,000/- towards enhanced amount of sompensation + Rs.10,000/- towards quantified amount of interest 7 on the enhanced amount of compensation of Rs.98,000/-) before the concerning Claims Tribunat. 20) No order as to costs. Sd/- Chief Justice Sd/- ;nath Chandrakar Jiidge subbu 1