HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA,C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (Cl No. 753 of 2008 Appellants pNiiNiaiiBsa^ |miirnuni^^ Respondents 1. Smt. Shashikala Jaiswal, (Dixena), aged about 35 years, wd/o late Lakhan Lal Jaiswal. 2. Nitesh, s/o late Lakhan Lal, aged about 17 years. 3. Himanshu Jaiswal, s/'o late Lakhanlal, aged about 14 years. 4. Ku. Pammi @ Sonali Jaiswal, aged about 11 years. No. 2 to 4 minors, through natural guardian mother Smt. Shashikala Jaiswal, wd/o late Lakhan Lal Jaiswal All R/o Jarhabhata, Bilaspur, tahsil and district Bilaspur C.G. VERSUS 1 Malaasingh, s/o Chandan Singh Gond, aged about 45 years, r/o Nanbanka, P.S. Katghora, district Korba C.G. 2 R.K. Transport / Construction Private Limited, T.P. Nagar, Korba, district Korba C.G. 3 Branch Manager, the New India Insurance Company Limited, Division Office, Korba, Tahsil and district Korba C.G. 4 Santosh Kumar Chauhan, s/o Muswaram Chauhan, R/o. Hardibazar, Nevsa, dist. Korba C.G. Ife.7 ^ s^s^ i. ^^y '^: IWWWIWIIINDIIU^. 5. Krishnakant Singh, s/o M.K. Singh, r/o Balco Nagar, Korba C.G. 6. Branch Manager, the New India Insurance Company Limited, Division Office Korba, Tahsil and District Korba C.G. Appeal under Section 173 ofthe MotorVehicle Act, 1988 Present: Shri Goutam Khetrapal, counselfor the appellants. None for respondents No. 1, 2, 4 and 5. Shri Raj Awasthi, counsel for respondents No.3 & 6. ORDER (04th July, 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 First Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 05.03.2008, passed in Claim Case No.256/2007. 2) As against the compensation of Rs.30,25,000/- claimed by the appellants/ claimants, unfortunate widow and minor children of deceased Lakhan Lal Jaiswal, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 10.03.2007, the Tribunal awarded a total sum of Rs.3,26,500/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual-payment. :7^- -.;J..^*wi;^.^.^S-,y,!,fe;?^^^ .^1.^'-'"-.:., iNWiNWBaWM^ ^. (/ 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Lakhan Lal Jaiswal died on account of the injuries sustained by him in the motor accident on 10.03.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G.-17/H-0608; as the aboveoffending vehicle Truck on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any 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.100/- per day and Rs.3,000/- per month. By deducting 1/3rd of Rs.3,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.2,000/- per month and Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 13, the compensation was worked out to Rs.3,12,000/-. By awarding further sum of Rs.14,500/- under other heads, the Tribunal awarded a total sum of Rs.3,26,500/- as compensation to the claimants for the death of deceased Lakhan Lal Jaiswal in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,26,500/- @ 6% ^ ^^CT^ /^•^ /^ ft M ^ %;^1???:?;II^'^ ^l ^^^' ^i: •€^&^^^ per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Goutam Khetrapal, 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.100/- per day and Rs.3,000/- per month only; in selecting the lower multiplier of 13; and in awarding low compensation of Rs.3,26,500/- only. 7) Shri Raj Awasthi, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.3,26,500/- awarded by the Tribunal is just and proper compen?ation in the facts and circumstances of the present case. 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 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.3,26,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) True, the claimantspleaded that deceased Lakhan Lal Jaiswal used to earn Rs.300/- per day as Cook in a Dhaba, no ^^^^i^i^S^f^S?'fS:^'s^'w^:- ..<- J' J ^' f\. cogent and reliable evidence was led before the Tribunal for establishing the income of the deceased to the extent of Rs.300/- per day. For the reasons best known to the claimants, the Proprietor of the Dhaba was not examined before the Tribunal to establish that a sum of Rs.300/- per day was being paid to the deceased by him. In this state of evidence, we do not find any infirmity in the assessment ofthe income of the deceased by the Tribunal on its own estimate at Rs.100/- per day and Rs.3,000/- per month. 11) The claimants' dependency also has been rightly assessed by the Tribunal by deducting the usual 1/3rd of Rs.36,000/- per annum towards the personal expenses ofthe deceased. 12) Nevertheless, the multiplier of 13 selected by the Tribunal is certainly on the lower side and requires reconsideration. 13) Deceased Lakhan Lal Jaiswal was shown to be45 years of age in his postmortem report and his widow Smt. Shashikala Jaiswal was shown to be 35 years of age in the claim petition. In our opinion, multiplier of 14 would be appropriate in the present case in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121 wherein multiplier of 14has been prescribed for the age group between 41-45 years. 14) By multiplying the annual dependency of Rs.24,000/- with the multfplier of 14 the compensation works out to Rs.3,36,000/-. The claimants are further entitled to receive Rs.5,000/- towards :7\- 6 ^ .. funeral expenses; Rs.5,000/- for 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.3,51,000/- as compensation to the claimants for the death of deceased Lakhan Lal Jaiswal in the motor accident. 15) The claimants are awarded further sum of Rs.2,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.24,500/-. 16) For the foregoing reasons, the appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in part. The compensation of Rs.3,26,500/- awarded by the Tribunal is enhanced to Rs.3,51,000/- with further quantified amount of interest of Rs.2,500/- on the enhanced amount of compensation of Rs.24,500/-. 17) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.27,000/- (Rs.24,500/- towards enhanced amount of compensation + Rs.2,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.24,500/-) before the concerning Claims Tribunal. 18) No order as to costs. Sd/- Chief Justice 8d/- R.N. Chandrakar Judge subbu