HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 428 of 2010 AppeIIants Claimants Yashwant Lal Nayak, s/o Shankar Lal Nayak, aged about 32 years, Cast Halba, resident of Naganar, P.S. Dharba, district Bastar Chhattisgarh. Harshwardhan Nayak, s/o Yashwant Lal Nayak, aged about 3 years, through natural guardian father Yashwant Lal Nayak, s/o Shankar Lal Nayak, resident of Naganar, P.S. Dharba, district Bastar C.G. ^ VERSUS Rakesh Jhanwar, s/o Deepchand Jhanwar, aged about 22 years, resident of Housing Board, Bodhghat Colony Hanuman Chowk, Jagdalpur, district Bastar C.G. Pawan Kumar Chandak, s/o Ram Vilas Chandak, aged about 20 years, resident of Sanjay Market, Jagdalpur, district Bastar C.G. Iffco Tokio General Insurance Corporation Office 4th and 5th flour Iffco tower, plot no.3, Sec-29, Goregaon, Harayana 122001 Memp of appeal under Section 173 of Motor Vehicle Act Respondents Present: Shri V. Vijay, counsel for the appellants. None for respondents No.1 though served. Shri John Lal, counsel for respondent No.2. Shri Yashwant Singh Thakur, counsel for respondent No.3. MACNo.428of 2010 ORDER (25th August, 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 Motor Accident Claims Tribunal, Bastar at Jagdalpur (for short 'the Tribunal') vide award dated 14.01.2010, passed in Claim Case No.40/2007. 2) As against the compensation pf Rs.20,90,000/- claimed by the appellants/ claimants, unfortunate husband and minor son of deceased Smt. Chameli Nayak, by filing a claimpetition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 01.01.2007, the Tribunal awarded a total sum of Rs.1,87,000/- as compensation along with interest @ 6% per annum in the event of the insurer's failure to deposit the amount of compensation within two months of the passing of the award. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Smt. Chameli Nayak died on account of the injuries sustained by her in the motor accident on 01.01.2007; the accident occurred due to rash and negligent driving of the motorcyclist of the offending motorcycle Hero Honda Super Splendor bearing registration No.C.G.-17/E-1051; 'as the above offending motorcycle on the date of the accident was insured with the Iffco Tokio General Insurance Company Limited and the Insurance Company could not establish any y^-^ S ff 1 MACNo.428of 2010 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.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. By deducting 1/3rd of Rs.15,000/- towards the personal 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 multiplier of 18, the compensation was worked out to Rs.1,80,000/-. By awarding further sum of Rs.7,000/- under other heads, the Tribunal awarded a total sum of Rs.1,87,000/- as compensation to the claimants for the death of deceased Smt.Chameli Nayak in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,87,0007- @ 6% per annum in the event of the insurer's failure to deposit the amount of compensation within two months of the passing of the award. 6) Shri V. Vijay, 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 her income at Rs. 15,0007- per annum only; and in awarding low compensation of Rs.1,87,000/- only. ^^^^- y '^ MACNo.428of 2010 oM P»lnN|^^ L 7) Shri Yashwant Singh Thakur, learned counsel for respondent No.3, the Iffco Tokio General Insurance Company Limited, the insurer of the offending motorcycle, on the other hand, supported the award and contended that as the claimants could not establish any definite and regular income of the deceased, the compensation of Rs.1,87,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri John Lal, learned counsel for respondent No.2 Pawan Kumar Chandak, the owner of the offending motorcycle, 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.1,87,000/- 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 Smt. Chameli Nayak used to earn Rs.4,000/- per month by selling vegetables, no cogent and reliable evidence was led before the Tribunal for establishing the income of the deceased to that extent. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. ..^*-^ ^•^ MACNo.428of 2010 12) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2007 is certainly on the lower side and requires reconsideration. 13) Considering that deceased Smt. Chameli Nayak was aged about 28 years on the date of the accident, we are of the opinion that she could have easily earned Rs.70-75/- per day even by working as an unskilled labour in the year 2007. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 14) By deducting the usual 1/3rd of Rs.24,000/- towards the personalexpenses of the deceased, the claimants' dependency is assessed at Rs. 16,0007- per annum. 15) Considering that claimant No.1 Yashwant Lal Nayak, husband of deceased Smt.Chameli Nayak was shown to be 32 years of age in the claim petition, we are of the opinion that multiplier of 16 would be appropriate in the present case. 16) By multiplying the annual dependency of Rs. 16,0007- with the multiplier of 16 the compensation works out to Rs.2,56,000/-. 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 husband. The claimants, thus, become entitled to receive a total sum of Rs.2,71,000/- as compensation for the death of dece.ased Smt.Chameli Nayak in the motor accident. •'^- MACNo.428of 2010 q^ 17) Learned counsel for the parties 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 enhanced amount of compensation may be quantified in this appeal itself. 18) Considering all the relevant aspects of the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.84,000/- at Rs.8,000/-. 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.1,87,000/- awarded by the Tribunal is enhanced to Rs.2,71,000/- with further quantified amount of interest of Rs.8,000/- on the enhanced amount of compensation of Rs.84,000/-. 20) Respondent No.3 Iffco Tokio General Insurance Company Limited is granted three months' time for depositing the total sum of Rs.92,000/- (Rs.84,000/- towards enhanced amount of compensation + Rs.8,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.84,000/-) before the concerning Claims Tribunal. 21) No order as to costs. nimmi Sd/- Chief Justice Sd/- R.N. Chandrakar Judge