A.F-^ \^/ HIGH COURT OF CHHATTISGARH AT BILASPUR BIVISION BENSH Coram Appellants Ctaimants Respondents Non-applicants : HON'BLE SHRI RAJEB/ GUPTA, G.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. Misc. Appeal (C»No. 387 of 2006 1. Smt. Shakuntala Sahu, age - 30 yrs, w/o late Amar Chand Sahu. 2. Ku. Laxmi Sahu, (Minor) age-10 yrs, D/o late Amar Chand Sahu. 3. Ku. Bhamini Sahu, (Minor) age-08 yrs, D/o late Amar Chand Sahu. 4. Ku. Bhumika Sahu, (Minor) age-05 yrs, D/o late Amar Chand Sahu. 5. Ku. Chittranl Sahu, (Minor) age-02 yre, D/o late Amar Chand Sahu. 6. Jiwan Lal Sahu, Age-65 yrs, S/o Late Pittambar Sahu.. 7. Smt. Sukhma Bai, age - 58 yrs. W/o Jhwan Lal Sahu, Appellant No.2 to 5 minor through appellantno.1. All the above are R/o. Village-Katal- taraie, Post-Kharenga, P.S- Dhamtari, Tah. S Distt.-Dhamtari Versus 1. Janak Lal Pandey, age - 34 yrs, S/o Raras Ram Pandey, By profession Driver, R/o. Santoshi Nagar, Tilar^para, Raipur, Distt. Raipur (Driver of the Mini-Bus No. C.G.04/E- 0304) 2. Razzak Ali, S/o Multab Ali, R/o. Raja Talab, (Irrigation-Colony) Raipur, Distt. Raipur(C.G.) (Owner of the Mini-Bus No. C.G.04/E- 0304) 3. The New India Insurance Conn. Ltd. Divisional Offlce 1st Floor, Thakkar Chambers, G.E. Road, Power-House, Bhilai, Tah. & Distt. Durg (C.G.) (Insurance Company of the Minl-Bus No. C.G.04/E-0304) Memo of Misc. Appeal under Section 173 of the Motor Vehicle Actl988 Present: Shri J.A. Lohanl, learned counsel forthe appellants. None for respondents No. 1 & 2. Shri Qamrul Aziz, tearned counsel for respondent No.3 ORDER (16 June, 2009) The following order of the Court was passed by Rajeev Gupta, C.J.: This is claimants' appeal for enhancemert of the compensation awareled by the Additional Motor Accident Claims Tribunal, Dhamtari, Distt. Raipur (Tor short the Tribunal'), vide award dated 29.08.2006, passed in Claim Case No.96/2005. 2. The clalmants, unfortunate widow, minor children and parents of deceased Amar Chand Sahu claimed compensatton of Rs.26,60,000/- by filing a claim petition under Sectton 166 of the Motdr Vehicles Act (for short the Act') for his death in the motor accident on 13.03.2005 when the Mfni Bus bearlng regfstration No.CG-04/E-0304 in which he was travelling dashed against the Statlonary Tmck due to rash and negligent driving oi the driver of the Mini Bus, resulting in muttlple serious injuries to Amar Chand Sahu who succumbed to those injuries during the course of his treatment. The claimants further pleaded that deceased Amar Chand Sahu used to earn Rs.2,000/- per month by working as Agent in Pulse Green Company and Rs.2,000/- per month from General Store. 3. The owner and driver of the offending vehicle Mini Bus did not contest the claim and were proceeded ex parte before the Tribunal. 4. The insurer of the Mini Bus cont^ted the clalm and denied its liability to pay compensation to the claimants on the plea that the driver of the offending vehicle Mini Bus was not holding a valid driving licence; and the Mini Bus was being plied fn breach of the policy conditions. 5. The claimants examined AW-1 Shakuntala Bai and AW-2 Ishwar Kumar Sahu In sup|»rtof thelr ctaim, whereas the insurer of the IVIini Bus did not examine any witness in rebuttal. 6. The Tribunal on a ctose scrutiny of the evidence led before it held that deceased Amar Chand Sahu died on account of the injuries sustained by him in the motor accident on 13.03.2005; the accident occurreddue to rash and negligent drivlng of thedriver of the offending vehicle Mini Bus; as the offending vehicle Mini Bus on the date of the accident was insured with the New India Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants. 7. The Tribunal assessed the income of th& deeeased at Rs.15,000/- per annum on the basis of the notlonal income prescribed in the Second Schedule under Section 163-A oftlre Act. By deducting 1/3rd of Rs.15,000/- towards the personat expenses ti 4 of the deceased, the ctaimants' dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 17, the compensation was worked out to Rs.1,70,CX%)/-. By awarding further sum of Rs.20,000/- under other heads, the Tribunal awarded a total sum of Rs.1,90,000/- as compensation to the claimants for the death of deceased Amar Chand Sahu in the motor accident on 13.03.2005. The Tribunal further directed payment of inter^ on the above amount of compensation of Rs.1,90,000/- @ 6% per annum from the date of filing of the claim petition, till the date of actual payment. 8. Shri J.A. Lohani, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the ctaimants' evidence about the income of the deceased and in assessing his income at Rs.15,0(X)/- per annum only; and In awarding low compensation of Rs.1 ,90,000/- only. 9. Shri Qamrul Aziz, leamed counsel for respondent No.3 the New India Insurance Company Limited, on the oBier hand, supported the award and contended that the Tribunal has been quite liberal in awarding substantial amount of Rs.1,90,0(X)/- as compensation to the claimants though the claimants could not establish the income of the deceased as pleaded by them. 10. The findings recorded by the Tribunal that deceased Amar Chand Sahu died on account of the injuries sustained by him in the motor accident on 13.03.2005; the driver of the offending vehicle Mini Bus was responsible for the accident;and the insurer lEc;. h-- (Bft of the offending vehicle Mini Buswas llable to pay compensation to the claimants have now attained finality as the respondents have not filed any appeal against the award. That apart, there is overwhelming evidence available on record to establlsh the above facts beyond any shadow of doubt. We, therefore, affirm the above findings recorded by the Tribunal. 11. True, the ctaimants pteaded that deceased Amar Chand Sahu used to eam Rs.2,000/- per month by working as Agent in Pufse Green Company and Rs.2,000/- per month from General Store, but the evidence led in that behalf was not of Glinching nature. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. 12. Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum is certainly on the lower side. 13. The notional income of Rs.15,000/- was prescribed in the Second Schedule under Section 163-A ofthe Act in the year 1994. If the increase in the prices of the essential commodities and the cost of living behween the year 1994 and the year 2005, the year of accident in the present case, are taken into aecount, the notional income of Rs.15,000/- prescribed in the year 19&4 would certainty come to Rs.36,000/- in the year 2W5. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.36,000/- per annum. 14. By deducting the usual 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.24,000/- per annum. 15. Considering that deceased Amar Chand Sahu was aged about 35 yeare on the date of the accident, the multiplier of 13 would be appropriate in the present case, in view of the dictum of the Apex Court in the case of New India Assurance Co. Ltd Vs Kalpana and others, reported in 2007 ACJ 825. 16< By multiplying the annual dependency of Rs.24,000/- with the multiplier of 13, the compensation works out to Rs.3,12,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards loss of estate; and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.3,27,0(X)/- as compensation for the death of deceased Amar Chand Sahu in the motoraccident on 13.03.2005. 17. Learned counsel for the parties submitted that with a view toavoid any possible dispute between the parties about the period for which the claimants are entitled to receive Interest on the enhanced amount of compensation, the amount of inta-est on the enhanced amount of compensation may be quantifled In this appeal itself. 18. Considering all the relevant factore including thedelay in disposat of the claim petition and the present appeal and the fact that the Insurance Company alone is not to be blamed for the delay in the matter, we quantify the amount of interest on the d • •Vf^S^' enhanced amount of compensation of Rs.1,37,000/- at Rs,13,000/-. 19. For the foregoing reasons, the appeal filed by the appellants/ elaimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,90,000/- awardedby the Tribunal is enhanced to Rs.3,27,000/- with further quantified amount of interest of Rs.13,000/- on the enhanced amount of compensation of Rs.1,37,000/-. Respondent No.3 The New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,50,0007- (Rs.1,37,000/- towards enhanced amount of compensation + Rs.13,OX)/- towards the quantified amount of interest on the enhanced amount of compensation) before the concerning Claims Tribunal. 21. No order as to costs. —— Sd/- Chief Justice SdJ- SunU Kumar Sinha Judge subbu