HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Mjsc Appeal (C) No.529 of 2010 Appellants Claimants Sanjay Nand, S/o tate Subhash Nand, aged about 21 years, Caste - Ganda, Occupation student Aasha Nand, S/o lateSubhash Nand, aged about 23 years, Caste - Ganda Both r/o village Bhuthiya, Police Statin Saraipali, District Mahasamund (CG) VERSUS Respondents Non - claimants Ghurau Bhoi, S/o Manglu Bhoi, aged about 46 years, Occupation - Driver, R/o Village - Bichiya, Police Station Saraipali, Tahsil - Saraipali, District Mahasamund (CG) (Driver of vehicle Truck 709 bearing registration No.CG-12/ZB/0351) JJ Naik, s/o CV Nayak, aged about years, Occupation - Owner of Tryck, R/o Permanent Address - Behind the HTPP Market, Darri, Korba District Korba (CG) (Registered owner of vehicle Truck 709 bearing registration NO.CG-12/ZB/0351) The Oriental Insurance Company Limited, through Divisional Manager, Divisional Office, Kutehery Chowk, jail Road, Raipur, District Raipur (CG) (Insurer of vehicle Truck 709 bearing registration No.CG-12/ZB/0351) Miscellaneous Appeal under Section 173 of IViotor Vehicles Act y/"""3i \ l&BSi» 1 "^:?^ff'3§3»^ I; ^ K "^gy"" ^f~ '"-•t»S.rf<i"" Present : Shri Shivendu Pandya and Shri P.K. Tulsyan , counsel for the appellants. None for respondents No.1 and 2. Smt. Chitra Shrivastava, counsel for respondent No.3. ORDER (22nd 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 Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 13.04.2009, passed in Claim Case No. 196/2008. 2) As against the compensation of Rs.22,00,000/-, claimed by the appellants/claimants, unfortunate son and daughter of deceased Subhash Nand, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 23.11.2008, the Tribunal awarded a total sum of Rs.2,42,000/- gis 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 Subhash Nand died on account of the injuries sustained by him in the motor accident on 23.11.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.CG-12-ZB/ 0351; as the above offending vehicle Truck on the ^ Vi ^ date of the accident was insured with the Oriental 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 finding recorded by the Tribunal has 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 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 10, the compensation works out to Rs.2,^),000/-. By awarding further sum of Rs.2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs.2,42,000/- as compensation to the claimants for the death of their father Subhash Nand in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,42,000/- @ 6% per annum from the date of filing ofthe claim petition till the date ofactual payment. 6) • Shri Shivendu Pandya and Shri P.K. Tulsyan, learned counsel for the appellants submitted that the Tribunal has erred in selecting the lower multiplier of 10; in awarding only Rs.2,000/- under other heads; and in awarding low compensation of Rs.2,42,000/- only. 7) Smt. Chitra Shrivastava, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck on the other hand, supported the award and contended that the compensation of Rs.2,42,000/- awarded by the Tribunal is just and proper compensation 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.2,42,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) On due consideration of the entire materiat available on record about the income of the deceased, we are satisfied that the Tribunal has rightly assessed his income at Rs.100/- per day; Rs.3,000/- per month. 11) The claimants' dependency also has been rightly assessed by the Tribunal by deducting the usual 1/3rd of the income of the deceased towards his personat expenses. 12) Nevertheless, the multiplier of 10 selected by the Tribunal is certainly on the lower side and requires re-consideration. 13) Considering the age of the deceased and the claimants; and the fact that the major son and unmamed daughter are the l..,^'"r claimants, we are of the opinion that multiplier of 1 2 would be appropriate in the present case. 14) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 12, the compensation works out to Rs.2,88,000/-. By adding further sum of Rs.5,000/- towards funeral expenses and Rs.5,000/- towards for loss of estate, the claimants become entitled to receive a total sum of Rs.2,98,000/- as compensation for the death of deceased Subhash Nand in the motor accident. 15) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the ctaimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified inthis appeal itself. 16) Considering all the relevant aspects of the matter including the delay in disposal of the claim petition 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.56,000/- at Rs.5,000/-. 17) For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is ailowed in part. The compensation of Rs.2,42,000/- awarded by the Tribunal is enhanced to Rs.2,98,000/- with further quantified amount of interest of Rs.5,000/- on the enhanced amount of compensation of Rs.56,000/-. 18) Respondent No.3 the Oriental Insurance Company Limited is granted three_moDtt)s' time for depositing the total sum ^ of Rs.61,000/- (Rs.56,000/- towards enhanced amount of compensation + Rs.5,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.56,000/-) before the concerning Claims Tribunal. J^l No order as to costs. Sd/- Chief Justice Sd/- R-N.Ghandrakar Judge subbu 1[ II It; ^ ys.