:\"< ^8 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (0 No.445 of 2010 Appellants Claimants 1 Smt Kaushilyabai, widow of Ramkumar Verma, aged 28 years 2 Parsottam, s/o late Ramkumar Verma, aged 13years 3 Saraswati, d/o late Ramkumar Verma, aged 9 years 4 Pramilabai, D/o late Ramkumar Verma, aged 7 years All resident of Village Biranpur Kala, PS Sahaspur Lohara, District Kabirdham Respondents Non-applicants VERSUS Anand Raju, s/o Chakram Kapde, aged 20 years, r/o Aadakula, PS Korpur, District Vishakhapatnam (AP) presentiy at Camp Koma, PS Rajim, District Raipur(CG) M/s Gokul Krishna Construction Pvt Ltd., H No 16 Muskan Residence Pachped Naka, Raipur (CG) The Oriental Insurance Co Ltd., A-25/27 Asaf Ali Road New Delhi 110002 c/o Divisional / Head Office The Oriental Insurance Co Ltd., Bus Stand Pandari, Raipur (CG) Miscellaneous Appeal underSection 173 of Motor Vehicles Act !i!^= Irt^^ !I 1 %. cr^ MAC.No.445 of 2010 Present : Shri HB Agrawal, Senipr Counsel with Ms Morisha Chatri, counset for the appellants. Shri Roshan Verma, counset for respondents No.1 and2. Ms Chitra Shrivastava, counsel for respondent No.3. ORDER (27th August, 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, Kabirdham (Kawardha) (for short 'the Tribunal') vide award dated 15.03.2010, passed in Claim Case No.28/2009. 2) As against the compensation of Rs.23,20,000/-, claimed by the appellants/claimants, unfortunate widow and children of deceased Ramkumar Verma by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 02.10.2008, the Tribunal awarded a total sum of Rs.3,66,000/- 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 evidence led before it held that deceased Ramkumar Verma died on account of the injuries sustained by him in the motor accident on 02.10.2008; the accident occurred due to rash and negligent driving ofthe driver of the offending vehicle Gladder Machine bearing registration NO.CG-04/DA/7202; as the above offending vehicle on the date of ^a^, '^ ^SiSte •<%fei?i'§^^ 'IK ;^ ^ MAC.No.445 of 2010 the accident, was insured with the Oriental Insurance Company Limited, and the Insurance Company could notestablish any breach of the policy condjtions, 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.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3rd of Rs.36,000/- towards the persona! expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annuai dependency of Rs.24,000/- with the multiplier of 14, the compensation was worked out to Rs.3,36,000/-. By awarding further sum of Rs.30,000/- under other heads, the Tribunal awarded a total sum of Rs.3,66,000/-, as compensation to the claimants for the death of deceased Ramkumar Verma in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,66,000/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri HB Agrawal, learned Senior Counsel with Ms Morisha Chatri, learned counsel for the appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum only; in selecting the lower multiplier of 14; and in awarding low compensation of Rs.3,66,000/- only. .\\ ^l MAC.No.445 of 2010 7) Smt Chitra Shrivastava, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle on the other hand supported the award and contended that the compensation of Rs.3,66,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri Roshan Verma, learned counsel for respondents No.1 Anand Raju and No.2 M/s Gokul Krishna Construction Pvt Ltd., the driver and owner of the offending vehicle also supported the award. 9) As the evidence led by the claimants about the income of the deceased could not establish his income to the extent of Rs.4,500/- per month, as pleaded by the claimants, we do not find any infirmity in the assessment of the income of the deceased by the Tribunal at Rs.3,000/- per month and Rs.36,000/- per annum. 10) 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 personal expenses. 11) Nevertheless, the multiplier of 14 selected by the Tribunal is certainly on the lower side and requires reconsideration. 12) Considering that deceased Ramkumar Verma and his widow Kaushilyabai were in the age group between 26-30 years, we are of the opinion that multiplier of 17 would be appropriate in the present case in view of the dictum of the Apex Court in the case of Sarta Verma (Smt) and others Versus Delhi Transport Corporation and another reported jn (2009) 6 Supreme Court r722 M.A.C. No.445 of 2010 '•^- c. Cases 121, wherein multiplier of 17 has been prescribed for the age group between 26-30 years. 13) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 17, the compensation works out to Rs.4,08,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards loss of consortium to the widow; and Rs.5,000/- forloss of estate. The claimants, thus, become entitled to receive a total sum of Rs.4,23,000/- as compensation for the death of deceased Ramkumar Verma in the motor accident. 14) 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 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. 15) Considering all the relevant aspects of the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.57,000/- at Rs.6,000/-. 16) For the foregoing reasons, the appeal filed by the appetlants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs.3,66,000/- awarded by the Tribunal is enhanced to Rs.4,23,000/- with further quantified amount of interest of Rs.6,000/- on the enhanced amount of compensation of Rs.57,000/-. 17) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.63,000/- (Rs.57,000/- towards enhanced amount of L.-:-.: .^;@^^' .^'^"•^ "%. t>" ~'^A *::;'l .r," i €:^--^^... ^. ^s^'&^^ % •I, -•^^^^ ^ ^' .r~"?¥j ^ 'v.^/' ^'" MAC.No.445 of 2010 padma compensation +Rs.6,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.57,000/-) before the concerning Claims Tribunal. 18) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge