HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellants Claimants Misc Appeal (Cl No. 1613 of 2009 1 Smt Bisahin Bai, wd/o late Bisauharam, aged about 50 years 2 Laxman Dhritlahare, s/o Late Bisauharam aged about 22 years 3 Dhaniram Dhritlahare, s/o Late Bisauharam aged about 16 years 4 Budhwatin Bai, wd/o Late Bisauharam aged about 50 years Appellant No.3 being minor represented by his natural guardian & mother appellant No.1 Smt Bishin Bai, wd/o Bisauharam All r/o village Tulsibaradera, District Raipur (CG) ( - Respondents Non-applicants VERSUS Shyamlal, s/o Budhram Dhiwar, r/o Subhash Nagar, Chandi Chowk Mahasamund, Thana Mahasamund, District Mahasamund (CG) (Driver of vehicle Dumper bearing registration No.CG-04 G/3700) M/s Orissa Concrete and Elted India Company Pvt Ltd., through Officer in- charge, M/s Orissa Concrete and Elted India Company Pvt Ltd RSD Station Colony Kanpa Raipur, CG (Owner of vehicle Dumper bearing regjstration NO.CG-04G/3700) The New India Insurance Company Limited, through Divisional Manager, ^p^^^ f^:"^ M.A.C.No.1613/2009 cy' 6 New India Insurance Company Limited, Kutchery Chowk District Raipur CG (Kutchery Chowk is not mentioned in award dated 14.09.2009) (Insurer of vehicle Dumper bearing registration No.CG-04 G/3700) Arvind Kumar, s/o Ramesh Singh Patel, aged about 24 years, r/o Vegetable Market (Sabji Mandi) Bagraha Tala, Satana Thana City Kotwali Satna District - Satna MP (Driver of vehicle Truck bearing registration No.MP-50 H/729) Smt Kamaljeet Kaur, w/o Amarpal Singh Gandhi, r/o Bekar Road Balaghat Tehsil and District Balaghat (MP) (Owner of vehicle Truck bearing registration No.MP-50 H/729) The Oriental Insurance Company Limited, through Divisional manager, The Oriental Insurance Company Limited, Jaii Road Raipur (CG) (Insurer of vehicle Truck bearing registration No.MP-50 H/729) The New India Insurance Company Limited, through Divisional Manager, the New India Insurance Company Limited, Kutchery Chowk, Jail Road, Raipur, District Raipur (CG) (Wrongly written ad New India Insurance Company Pvt Limited) (Insurer of vehicle Minidor bearing registration NO.CG-04T/1074) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Suresh Tandon, counsel for the appellants. Shri HP Agrawal, cousnel for respondents No.Sand 7. Shri Abhishek Sinha and Shri Varun Dubey, counsel for respondent No.6. •-.. \ ^I.A.C.No.1613/2009 ORDER (29th 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 11th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 14.09.2009, passed in Claim Case No.50/2008. 2) As against the compensation of Rs.13,40,000/-, claimed by the appellants/claimants, unfortunate two widows and two sons of deceased Bisauharam Dhritlahare, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 02.02.2008, the Tribunal awarded a total sum of Rs.2,43,800/- as compensation along with interest @ 6% 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 evidence led before it held that deceased Bisauharam Dhritlahare died on account of the injuries sustained by him in the motor accident on 02.02.2008; the drivers of the two vehicles i.e. Truck bearing registration No.MP-SO-H-0729 and Dumper bearing registration No.CG-04-G-3700 were equally responsible for the accident; as both these vehicles dashed the Minidor/Minibus bearing registration No.CG-04-T-1074, in which deceased Bisauharam Dhritlahare was travelling as passenger; as the above two M.A.C.No.1613/2009 offending vehicles Truck and Dumper were insured on the date of the accident with the Oriental Insurance Company Limited and the New India Insurance Company Limited respectively and these two insurance companies could not establish any breach of the policy conditions, both the Insurance Companies were liable to pay 50% each of the compensation awarded by the Tribunat to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the TribunaJ have now attained flnality. 5) The Tribunal assessed the income of the deceased at Rs.100/- per day; Rs.2,600/- per month assuming that the deceased was getting work only for 26 days in a month; and Rs.31,200/- per annum. By deducting 1/3rd of Rs.31,200/- towards the personal expenses ofthe deceased, the claimants' dependency was assessed at Rs.20,8QO/- per annum. By multiplying the annual dependency of Rs.20,800/- with the multiplier of 11, the compensation was worked out to Rs.2,28,800/-. By awarding further sum of Rs.15,000/- under other heads, the Tribunal awarded a total sum of Rs.2,43,800/- as compensation to the daimants for the death of deceased Bisauharam Dhritlahare in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,43,800/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. M.A.C.No. 1613/2009 Q. 6) Shri Suresh Tandon, learned counsel for the appellants submitted that the Tribunal has erred in assessing the monthly income of the deceased at Rs.2,600/- only after having assessed his daily income at Rs.100/- per day; and in awarding low compensation of Rs.2,43,800/- only. 7) Shri HP Agrawal, Shri Abhishek Sinha and Shri Varun Dubeyjearned counsel for respondents No.3, 6 and 7, insurers of the two offending vehicles Truck and Dumper on the other hand, supported the award and contended that the compensation of Rs.2,43,800/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) On due consideration of the submissions of learned counsel for the parties and the evidence available on record about the income of the deceased, we are satisfied that the Tribunal has rightly assessed the income of the deceased at Rs.100/- per day, as the deceased was working as a Mason. 9) Nevertheless, the Tribunal has erred in assessing the monthly income at Rs.2,600/- per month instead of Rs.3,000/- per month.assuming that the deceased was getting work only for 26 days in a month. In our opinion, the Tribunal ought to have assessed the monthly income of the deceased at Rs.3,000/- per month and his annual income at Rs.36,000/- per annum. We, therefore propose to recompute the compensation taking the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. M.A.C.No.1613/2009 10) 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. 11) The multiplier of 11 selected by the Tribunal is perfectly in line with 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 Supreme Court Cases 121, wherein multiplier of 11 has been prescribed for the age group between 51-55years. 12) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 11, the compensation works out to Rs.2,64,000/-. By adding the further sum of Rs.15,000/- awarded by the Tribunal under other heads, the claimants become entitled to receive a total sum of Rs.2,79,000/- as compensation for the deceased Bisauharam Dhritlahare in the motor accident. 13) The claimants are awarded further sum of Rs.4,800/- towards quantified amount of interest on the enhanced amount of compensation of Rs.35,200/-. 14) As respondent No.3 the New India Insurance Company Limited and respondent No.6 the Oriental Insurance Company Limited were held liable to pay compensation to the extent of 50% each, the further liability, under this order, of respondent No.3 the New India Insurance Company Limited and respondent No.6 the Oriejital Insurance Company Limited is of Rs.20,000/- each. 15) For the foregoing reasons, the appeal fited by the appellants/ claimants for enhancement of the compensation is ^s^^- ^\^^:^1 ^ ^. M.A.C.No.1613/2009 allowed in part. The compensation of Rs.2,43,800/- awarded by the Tribunal is enhanced to Rs.2,79,000/- with further quantified amount of interest of Rs.4,800/- on the enhanced amount of compensation of Rs.35,200/-. 16) Respondent No.3 the New India Insurance Company Limited, the insurer of the Dumper and respondent No.6 the Oriental Insurance Company Limited, the insurer of the Truck are granted three months' time for depositing the total sum of Rs.20,000/- each before the concerning Claims Tribunal. 17) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma