Ci-) ^€^1 ,,? "•^J^ SingSeBench IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.FC1NO. ^~1\ / 2011 APPELLANTS CLAIMANTS wv RESPONDENTS NON- APPLICANTS 1. Smt. Shadhmati Bareth W/o Late Shri Shivkumar aged about 32years, Z. Ku. Seema D/0 Late Shri imar Bareth.aged about^2^ 'v^ ^L^u^L: Sukhram aged about 49 years ^. Urwashi Bareth W/0 Ramprasad aged about 48 years. All R/OVillage Koushmanda Thana Chapa, District Jajgir Chapa (C.G.) VERSUS 1. Sunil kumar S/0 Shiv fal Dhiwar, aged about 22years R/o Village Jalso , Thana Koni ,District Bilaspur, (C.G.) (VEHICLE DRIVER) 2. Vijay Kumar Agrawal S/0 Late Shri Vishwanath , R/o Baniyadih Pousera Thana Koni, District - Bilaspur (C.G.). (VEHICLE OWNER) 3. Divisional Manager, The New India Insurance Company Ltd.Jn Front of Rajiv PalajaBus Staind Bilaspur (C.G.) (INSURER) MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 c<z/ WIGH COURT OFCHHAmSGMW ATBILASPUR MACNo. 871 of 2011 APPELLANTS Claimants RESPONDENTS Non-apDlicants Smt. Shadamati Bareth & others VERSUS Sunil Kumar & others (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT) (SB: Hon'ble Mr. N.K. Aaarwal. J.) Present : Shri AL Singroul, Advocate forthe.appellants. None for respondent No. 1 & 2. Shri Sourabh Sharma, Advocatefor respondent No. 3. ORALORDER (Passedon 03.1t.20t1) 1. This is claimants' appeal for enhancement of compensation awarded by the llnd Additional Motor Accident Claims Tribunal Bilaspur (for short 'the Tnbunal') in claim case No. 39/10 yide awarddated 16.12.2010. 2. As against compensation of Rs. 11,50.000/- claimed by unfortunate widow, minor daughter and parents of deceased Shiv Kumar by filing applicatjon before the Tribunal under Section 166oftheMotorVehictesAct, 1988(forshort'MVAct'5 for his death in the motor accident on 27.07.2009, the Tribunal awarded a total sum of Rs. 3,32,000/- along with interest @ 6 percent per annum from the date of applicatjon till its actual payment. 3. The Tribunal, on a close scrutiny of the evidenee led, held: the accident had occurred due to rash and negligent driving by driver of Tractor bearing registration No. CG-10-ZC-^)401; Shlv r;' .:^'" ^s^:^ >""":_..^ y e. VSSTSf-. ^ft ^ Kumar died on account of injuries sustained by him in the said accident; respondent No. 3/New India Insurance Co. Ltd. liable for payment of compensation to the claimants as it could not establish violation of policy conditions; assessed and awarded aforesaid amount of compensation in favour of daimants. 4. Shri AL'Singroul, learnedcounsel appearing for the appellants would submit: as per postmortem report (Ex. P/4) the age of the deceased Shiv Kumar was 35 years at the time of accident and the Tribunal has erred in applying the multipljer of 13 in place of 16 for the purpose of computation of compensation, and thereby has fallen in error in awarding low amount of compensation. 5. On the other hand, Shri Sourabh Sharma, learned counsel appearing for the respondent No. 3 supported the award impugned and submitted in the factsand circumstancesof the case the amount awarded by the Tribunal is just and pr©per compensatlon and does not call for any interference. 6. , I have heard the counsel appearing for the parties and perused the order impugned including records of the Tribunal. 7. Undisputedly, the claimants are widow, minor daughter and parents of deceased Shiv Kumar who died in the motor accident on 27.07.2009. As per postmortem report (Ex. P/4) the age of the deceased was 35 years at the time of accident. The Supreme Court in case of Sarla Verma (Smt.) & others V. 1:^3?^\ ^ ^ f'... ^ ^ 's^'"^ "'^E^^^' ^ ^. ...;^y •^^ 't^&ic":^ ^ ^wan^g^' Delhi Transport Corporation and another1 has prescribed the multiplier of 16 for the age group between 31-35 years, therefore, the Tribunal has certainly fallen in error in applying multiplier of 13 in place of 16 for the purpose of computation of compensation and in awarding Rs. 3,32,000/-only, which needs re-computation after applying multiplier of 16. 8.' After deducting usual 1/3rd of annual income of deceased, the claimant's dependency would be Rs. 24,000/- per annum and by multiplying the above amountwith the multiplier of 16, the appellants would become entitle for Rs. 3,84,000/- towards loss of dependency. The appellants are further entjtled for Rs. 15.000/- on other heads (Rs. 5000/- each towards funeral expenses, loss of estate and loss of consortium). Thus, the appellants are entitled for a total sum of Rs. 3,99,000/- as compensation in place of Rs. 3,32,000/- as awarded by the Tribunal. 9. For the foregoing reasons, the appeal is allowed in part. The compensation of Rs. 3,32,000/- awardedby the Tribunal is enhanced to Rs. 3,99,000/-. The appellants areentitled for a further sum of Rs. 67.000/- over and above the amount of Rs. 3,32,000/- awarded by the Tribunal. The above enhanced amount of compensation of Rs. 67,000/- shall carry intere^ @ 6 percent per annum from the date of application till its actual 1-2009 (6) SCC 121 C3 ^ '^••^s^h. l1 •r?j '%, :^^;y v^ payment. Rest of the conditions mentioned in the award shall remain intact. The award stands modified to the above extent. 10. The respondent No. 3/The New India Insurance company Ltd. Ss granted three months' time to deposit enhanced amount of compensation of Rs. 67,000/- along with interest before the concerned Tribunal. No order asto costs. — Sd/- N.K. Agarwal Judge Sahu ;—---'--—-.-.^^.—.-i^^^lte