_A_^_:. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI SUNIL KUMAR SINHA, J. Misc. Appeal No. 722 of 2003 Appeliants Claimants 1 2 3 Karabai, W/o Sukhva Satnami, aged 45 years Ramdas, S/o Sukhva Satnami, aged 20 years @ Sikalu @ Sikalu Bhuneshwar, S/o Sukhva @ Sikalu Satnami, aged 17 years represented here by fegal guardian mother Kerabai, all are R/o Bhursuda, PO Sarora, Tah Tilda, Distt Raipur (CG) Versus Respondents 1 Keshave Prasad, S/o Bhagatram Kevat, Non-Applicants Permanent address Rahod, PS - Shivarinarayan, Distt Janjgir (CG) 2 Rishi Kumar Agrawal, S/o Durga Agrawal, R/o Navagarh, PS - ^ Sivarinarayan, Siarr Janjgir (CG) 3 United India Insurance Company Ltd., Through Divisional Manager, United India Insurance Co. Ltd., Kutchheri Chowk, Raipur, Tah & Distt Raipur Misc. Appea! under Section 173 ofthe Motor Vehicle Act Present : Shri SC Verma, counsei for the appellants. Shri OP Yadav, counsel for respondent No.2. Shri Shreekumar Agrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.3. ORDER ^th (10tnFebruary,2011) ^ t%^..^ 1 'l %^".. \. The following order of the Court was passed by Rajeev Gupta, C.J. ^T/ This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 15.02.2003, passed in Claim Case No.67/2002. 2) As against the compensation of Rs.4,83,000/- claimed by the appeliants/claimants, unfortunate widow and sons of deceased Sukhva @ Sukalu Satnami by filing a clajm petition under Section 166 of the Motor Vehicies Act, for his death in the motor accident on 12.07.2002, the Tribunal awarded a total sum of Rs.1,12,000/- as compensation along with interest @ 6% per annum from the date of the 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 Sukhva @ Sukatu Satnami died on account of the injuries sustained by him in the motor accident on 12.07.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.CG-11-ZB/0485; as the above offending vehicle Truck on the date of the accident was insured with the United India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was Ijable to pay compensation ofthe 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.1,500/- per month. By deducting 1/3rd of Rs.1,500/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.1,000/- per month and Rs.12,000/- per annum. By multiplying the annual dependency of Rs.12,000/- wjth the multiplier of 9, the compensation was worked out to Rs.1,08,000/-. By awarding further sum of Rs.2,000/- towarjs funeral expenses and Rs.2,000/- for loss of onsortium to the widow, the Tribunal awarded a lotal sum of Rs.1,12,000/- as compensation to the claimants for the death of deceased Sukhva @ Sukalu Satnami in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,12,000/- @ 6% per annum from the date of the filing of the clajm petition till the date of actual payment. 6) Shri SC Verma, 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.1,500/- per month and Rs.18,000/- per annum only; and in awarding low compensation of Rs.1 ,12,000/- only. 7) Shri Sudhir Agrawal and Shri P Dutta, learned counsel for respondent No.3 the Orienta! Insurance Company Limited, on the other hand supported the award and contended that as deceased Sukhva @ Sukalu Satnami was aged about 58 years on the date of theaccident, thecompensation of Rs.1,12,000/-awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. "^Sgr^ L. 8) Shri OP Yadav, learned counsel for respondent No.2 Rishi Kumar Agrawal, the owner of the offending vehicle Truck also supported the award. 9) True, the claimants pleaded that deceased Sukhva @ Sukalu Satnami used to earn Rs.100/- per day as Mason, the evidence led in that behalf was not of clinching nature. We, therefore, do not find any fault in the approach of the Tribunal in djscarding the claimants' evidence about the income of the deceased. 10) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.50/- per day, Rs.1,500/- per month in the year 2002 is certainly on the lower side and requires re-consideration. 11) Considering that deceased Sukhva @ Sukalu Satnami could have easily earned Rs.70-75 per day in the year 2002 even by working as an un-skilled labour, we propose to re-compute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 12) 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. 13) Considering that deceased Sukhva @ Sukalu Satnami was shown to be 58 years of age in the postmortem report, we are of the opinion that multiplier of 9 selected by the Tribunal is appropriate in the present case. 14) By multiplying the annual dependency of Rs.16,000/- with the multiplier of 9, the compensation works out to Rs.1,44,000/-. The ^.'?o We|] ^ Vi? •%^; claimants are further entitled to receive Rs.5,000/- towards 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 totalsum of Rs.1 ,59,0007- as compensation for the death of deceased Sukhva @ Sukalu Satnami 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 claimants are entitledto 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. 16) Considering all the relevant aspects of the matter including the delay in 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.47,000/- at Rs.4,000/-. 17) For the foregoing reasons, the appeal fited by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,12.000/- awarded by the Tribunal is enhanced to Rs.1,59,000/- with further quantified amount of interest of Rs.4,000/- on the enhanced amount of compensation of Rs.47,000/-. 18) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.51,000/- (Rs.47,000/- towards enhanced amount of compensation + Rs.4,000/- towards quantified amount of interest ^- 's '.vK. "^ !^ 6 padma on the enhanced amount of compensation of Rs.47,000/-) before the concerning Claims Tribunal. 19) No order as to costs. Sd/- Justice Sd/- Sunil Kumar Sinha judge