1\. ^M HEGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants IVIisc Appeal iC) No.588 of 2008 1 Vinod Kumar Ahlawat, aged about 35 years, s/o Late Atar Singh Ahlawat 2 Opinder Singh Ahtawat, aged about 23 years, s/o late Atar Singh Ahlawat Both r/o near Darri Talab, behind of Mahamaya Temple, Rameshvv'ar nagar, Birgao, Raipur, District - Raipur (CG) Respondents Non-claimants VERSUS Shatruhanlal Chaturvedi, s/o PR Chaturvedi, r/o Village - Dondekhurd, Tehsil - Dharsiwa, District - Raipur (CG) (Driver & Owner of vehic-ie Auto bearing registration No.CG-04T/2129) The New India tnsurance Company Umited, through Divisional Manager, Divisionai Office, Branch No.2, RDA Building, Bajrang Market, GE road, Raipur District - Raipur (CG) MisceSlaneous aDpeal under Section 173 ofthe Motor Vehicles Act Present : Shri Dharmesh Shrivastava, counsel for the appellants. Shri AK Athaley, counsel for respondent No.2 ORDER (03rd August, 2011) M.A.C.No.588 of 2008 ).^ The following order of the Court was passed by Rajeev Gupta, CJ. The unfortunate major sons of deceased Atar Singh Ahlawat are the appellants before us in this appeal for enhancement of the compensation awarded by the 8th Additional Motor Accident Claims Tribunal, Raipur (for short Jthe Tribunal') vide award dated 29.10.2007, passed in Claim Case No.22/2007. 2) As against the compensation of Rs.12,00,0007- claimed by the appellants/claimants, unfortunate major sons of deceased Atar Singh Ahlawat by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 06.08.2006, the Tribunal awarded a total sum of Rs.1,97,800/- as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the New India Insurance Company Limited, the insurer of the offending vehicle Autorickshaw bearing registration No.CG-04 T/2129 liable to pay compensation to the claimants. 4) As the insurer of the above offending vehicle Autorickshaw has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal assessed the income of the deceased at Rs.72,000/- per annum. Considering that both the claimants in the case were major sons of the deceased, having their own independent income, the Tribunal assessed the claimants' dependency to the extent of 30% of the income of the deceased. M.A.C.No.588 of 2008 ^ By multiplying the annual dependency of the claimants with the multiplier of 8, the compensation was worked out to Rs.1 ,72,800/-. By awarding further sum of Rs.25,000/- under other heads, the Tribunal awarded a total sum of Rs.1,97,800/- as compensation to the claimants for the death of their father Atar Singh Ahlawat in the motor accident. The Tribunaljurther directed payment of interest on the above amount of compensation of Rs.1,97,800/- @ 7.5% per annum from the date of the filing of the claim petition till the date ofactual payment. 6) Shri Dharmesh Shrivastava, learned counsel for the appellants vehemently argued that the Tribunal has erred in assessing the income of the deceased at Rs.72,000/- per annum only; in assessing the claimants' dependency at only 30% of the income of the deceased; in selecting the lower multiplier of 8; and in awarding low compensation of Rs.1,97,8007- only. 7) Shri AK Athaley, learned counsel for respondent No.2 the New India Insurance Company Limited, the insurer of the offending vehicle Autorickshaw on the other hand placing reliance on the dictum of the Apex Court in the case of Smt. Manjuri Bera Vs Oriental Insurance Company Limited, reported in 2007 AIR SCW- 1962, submitted that the Tribunal ought to have awarded only Rs.50,000/- as compensation to the claimants as they were not at all dependent on the income ofthe deceased. 8) 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 andcircumstances of the ! ^'•"^ <"'"" M.A.C.No.588 of 2008 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.1,97,800/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Deceased Atar Singh Ahlawat was shown to be 55 years of age in his postmortem report. Both the claimants are his major sons aged about 35 years and 23 years. It has come in the claimants' evidence itself that both the sons were having their own independent income. The Tribunal has assessed the income of the deceased at Rs.72,000/- per annum on the basis of his average annual income as shown in the two income tax returns produced by the claimants before the Tribuna!. The Tribunal has awarded substantial amount of Rs.25,000/- under other heads. 11) The compensation of Rs.1,97,800/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, we are satisfied, cannot be termed as inadequate so as to warrant enhancement in this appeal. 12) As we do not find any scope for enhancement of the compensatlon awarded by the Tribunal, the appeal filed by the appeltants/claimants for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 13) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge subbu ' T. r