^-.^.^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH ^^ CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc.Appeal No. 689 of 2006 Appellants Claimants 1 Phoolu Bai Wd/o. Same Lal Patel, aged about 48 years. 2 Chjmman Lal s/o. Khilawan Patel, aged about10years. 3 Uttam Kumar s/o. Khilawan Patel, aged about 8 years. 4 Ghanshyam, S/o Khilawan Patel, aged about 6 years. Appellants Nos. 2, 3 & 4 are represented by Legal guardian grand- mother Phoolu Bai Patel Wd/o Same Lal Patel, R/o Mahuda, P.0. Jhit, Distt. Durg (C.G.) VERSUS Respondents Non-applicants 1 Bittu Dubey @ Parmrshwar Dubey, S/o Bharat Lal Dubey, Profession Mini Bus Conductors R/o Gariaband, District Raipur (C.G.) 2 M/s Kanker Road Lines, By Managing Director M/s Kanker Road Lines Kanker, Distt. Bastar (C.G.) 3. The National Insurance Co. Ltd By Divisional OfTice, The National Insurance Co. Ltd, Mobin Mahal, G.E. Road, Raipur (C.G.) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Shivendu Pandya, counsel for the appellants. Shri Dashrath Gupta, counsel for respondent No.3. ^\ ^r ORDER (13th April, 2011) The following order of the Court was passed by Rajeev Gupta, CJ. This is claimants' appeal for enhancement of the compensation awarded by the 13th Additional Motor Acddent Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 04.02.2005, passed in Ctalm Case No.52/2004. 2) As against the compensation of Rs.4,45,000/-, claimed by the appellants/claimants, unfortunate mother-jn-law and children of deceased Rukhmani, by filing a claim petition under Section 163-A of the Motor Vehicles Act, for her death in the motor accident on 16.07.2003, the Tribunal awarded a total sum of Rs.1.74.500/- as compensation along with interest @ 7% 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 evldence led before it held that deceased Rukhmani died on account of the jnjuries sustained by her in the motor accident on 16.07.2003; the accident occurred due to rash and negligent driving ofthe driver of the offending vehicle Minibus bearing registration No.CG-19- ZA/0114; as the above offendjng vehicle Minibus on the date of the accident was insured wtth the National Insurance Company Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay the compensation to the claimants. i^S \^ mv^w^ 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 jncome prescribed in the Second Schedule under Section 163-A of the Motor Vehicle 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 multipljer of 17, the compensation was worked out to Rs.1,70,000/-. By awarding further sum of Rs.4,500/- under other heads, the Tribunal awarded a total sum of Rs.1 ,74.500/- as compensation to the claimants for the death of deceased Rukhmani in the motor accident. The Tribunal further directed payment of Interest on the above amount of compensation of Rs.1,74,500/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Shivendu Pandya, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evldence about the income of the deceased and in assessing her income at Rs.15,000/- per annum only; and in awarding low compensation of Rs.1 ,74,500/- only. 7) Shri Dashrath Gupta, learned counsel for respondent No.3, the National Insurance Company Limited, insurer of the offending vehicle Minibus, on the other hand supported the award and contended that the compensation of Rs.1,74,500/- awarded by the !i C'J / ^,^^:-:- ^ ~^-....^:^"" ^^' "4-.:%2^-^'; ^ Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) In a motor accident claim case what is important is that the compensation to be awarded by the Courts / Tribunals shoutet 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.1,74,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) True, the claimants pleaded that deceased Rukhmani used to earn Rs.3,000/- per month by selling vegetables, no cogent and reliable evidence was led before the Tribunal to estabtish the income of the deceased to the extent of Rs.3,000/- per month. In this state of evidence, we do not find any fault in the approach of the Tribunal indiscarding the claimants' evidence about the income of the deceased. 11) Nevertheless, the income ofthe deceased assessed by the Tribunal at Rs.15.000/- per annum in the year 2003 is certainly on the lower side and requires reconsideration. 12) Considering that deceased Rukhmani on the date of the accident was aged about 30-35 years, we are of the opinion that she could have easily earned Rs.70-75/- per day even by working as unskilled labour in the year 2003. We, therefore, propose to re-compute the compensation taking the income ofthe deceased at Rs.2,000/- per month and Rs.24,000/- per annum. ^•"3^' /£^"f\ •^.:^^'.^ '•••^'•^..-^.,,.,-.-^' ^ 13) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/- per annum. 14) Considering the age of the deceased and the claimants, we are of the opinion that multiplier of 16 would be appropriate in the present case. 15) By multiplying the annual dependency of Rs.16,000/- 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; and Rs.5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.2,66,000/- as compensation for the death of deceased Rukhmani in the motor accident. 16) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the partSes 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. 17) Considering all the relevant aspects of the matter, including the delay Sn disposal of the claim petition and the present appeal, and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.91,500/- at Rs.9,500/-. "\ •N&'-i ^ 0 .^: "' ^' ^y" ^3 9- 18) For the foregoing reasons, the appeal filed by the appellants/ elaimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,74.500/- awarded by the Tribunal is enhanced to Rs.2,66,000/- with further quantified amount of interest of Rs.9,500/- on the enhanced amount of compensation of Rs.91,500/-. 19) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum qf Rs.1,01,000/- (Rs.91,500/- towards enhanced amount of compensation + Rs.9,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.91,500/-) before the concerning Claims Tribunal. 20) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge subbu