...^^ (^) HIGH COURT OF CHHATTISGARH AT BILA8PUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Misc Appeal (Cl No.566 of 2009 Mandal Ram, son of Late Aagarsai, aged about 45 years, Caste - Rajwar, Occupation - Cultivation, R/o Vill Parsapara, PS & Tah Surajpur, Distt Sarguja (CG) ; Respondents VERSUS VinodKumar Agrawal, S/o Madanlal Agrawal, aged about 48 years, R/o Vill Belgahna, Distt Bilaspur (CG) (Owner) Bhola Prasad Shukla, son of Rambilas Shukla, R/o Mishra Gully, Bhaiyathan Road, Surajpur, Distt Sarguja (CG) (Driver) United India Insurance Company Bramha Road, Ambikapur, Distt Sarguja (CG) (Insurer) Miscellaneous Appeal underSection 173 of Motor Vehicles Act Present : Shri Sushil Dubey, counsel for the appellant. Shri Vijay Sahu, counsel for respondents No.1 and 2. Shri HB Agrawal. Senior Counsel w'rth Shri Pankaj Agrawal, counsel for respondent No.3. ORDER (08th July, 2011) The following order of the Court was passed by Rajeev Gupta, CJ. %:' "^ '^ v-ss^ -I- •^ 'v.fc-iy^ This is claimant's appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Surajpur, district Sarguja (for short the Tribunal') vide award dated 12.12.2008, passed in Claim Case No.23/2006. 2) As against the compensation of Rs.40,00,000/-, claimed by the appellant/claimant, unfortunate husband of deceased Smt Phool Kunwar by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 18.01.2007, the Tribunal awarded a total sum of Rs.1 ,00,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petftion till the dateof actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the United India Insurance Company Limited, the insurer of the offending vehtole truck bearing registration No.CG-15 ZC/0677 liable to pay compensation to the claimant. The Tribunal assessed the income of the deceased at Rs.1,500/- per month and Rs.18,000/- per annum. By deducting 50% of Rs.18,000/- towards the personal expenses of the deceased, the Tribunal assessed the clalmant's dependency at Rs.9,000/- per annum. By multiplying ttie annual dependency of Rs.9,000/- with the multiplier of 10, the compensation was worked out to Rs.90,000/-. By awarding further sum of Rs.10,000/- under other heads, the Tribunal awarded total sum of R8.1,00,000/- as compensation to the claimant for the death of his wife Smt Phool Kunwar in the motor accident, The Tribunal further directed payment of interest on the above amount of compensation of ".-~^"^ te.,,^:.. 1 :^^ i // ^o Rs.1,00,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri Sushil Dubey, tearned counsel for the appellant submttted that the Tribunal has erred in awarding low compensation of Rs.1,00,000/- only. 5) Shri HB Agrawal, learned Senior Counsel with Shri Pankaj Agrawal, learned counsel for respondent No.3, the United India Insurance Company Limited, the insurer of the ofyending vehicle truck on the other hand supported the award and contended that as the claimant could not establish the income of the deceased as pleaded by him, the compensation of Rs.1,00,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 6) Shri Vijay Sahu, leamed counsel for respondents No.1 and 2 also supported the award. 7) Deceased Smt Phool Kunwar was shown to be 45 years of age in the postmortem report. The sole claimant in the case i.e. Mandal Ram, the husband of the deceased shown his age in the claim petition as 45 years. In para 14 of his cross-examination before the Tribunal, he admitted that he was getting old age pension of Rs.275/- per month from the Government and the old age pension was payable to a person only when he is 65 years of age. Further. in para 16 he admitted that though he was not aged 70-75 years, he was certainly aged 65 years. 8) Be that as it may, the fact remains that appetlant Mandal Ram lost his wlfe Smt Phool Kunwar in the motor accident. Even if 11 ^SS '81 •:ffl the claimant is aged about 65 years, he woutd suffer the loss of the company of his wlfe for the rest of his life. 9) The compensation of Rs.1 ,00,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in ouropinion, is somewhat on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20.000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,00,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, ts allowed in part. The daimant is awarded further sum of Rs.20,000/- inclusive of interest component in addition to the sum of Rs.1,00,000/- awarded by the Tnbunal. 12) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma