HK3H COURT OP CHHATTOGMW AT BIL^PUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI SUNIL KUMAR SINHA, J. Aopenants Clalmants Misc. Aooeal No.355 of 200S 1 Sakir Ali, S/o Mynataz Ali, agedabout 53years 2 Zahida Begam, wife of SaWr Ali, aged about45yeare Both R/o Keskal at present R/o Shitalapara, Kanker. Distt Kanter (GG) Versus 1 Mohd Sageer S/o Mohd Farooque, aged afeout 30 years, R/o Jamna Masjtei Para, Kestel, Distt Bastar (C©) (Ownw) 2 NaUonal Insurance Company Llm el, Jagadatpur, Distt Bastar (CG) (InsuranceCo.) 3. Mohd Sabear, S/o Mohd, Faroeque, R/o Jama fttesjk! Para, Kfldal, Dtett Bastar (CG) (Drtver) Misc. ADDeal under Sedton 173fco< the Wtotor Vehlete < t Respondents Present : ShriVishnu Koshta, coureel torthe app^tants None for responctaits No.1 and Sthough served. Shri Raj Aw®thi,counsel for respondent No.2. OR R (06th January, 2011) The following oreler of the Court was passed |by Rqeev Gupta, CJ. ^:f t.'^,. ^? ^'•' ^i. : s. U1!». *'::' :t;l i? .<!i'' ^UE ^^ ^" The unfortunate parente of deeessed Mdid. Ali are the appellants before us m thts appeal for enhancement of Uie compensation awardal by the First Addittonal Motor Accident Claims Tribunal, Kanker (for short the Tribunal') vide award dated 15.12.2004, passed in Ctaim Case No.51/20(». 2)^ As against the compensation of Rs.28,20,000/-, ctain d by the appellants/clalmants, unforhinate parents of deceased Mohd. All, by filing aclaim petition under Secllon 166 oftheMotor Vehicles Act, for his death in the motor accident on 21.04.2003 (he Tribunal awarded a total sum of Rs.1,44,000/- as compensation along with interest @ 6% per annum fromthe date offiling ofthe clajm petltion till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence ted befbre It hekl that deceased Mohd. Alj died on account of Uie injuries sustained by him in the motor accident 21.04.2003; ttie accident occurred due to rash and negligent driving of the driver sf the offending vehlcle Jeep bearing registration No.CG-17 T/0133; as the above offending vehlcte Jeep on the date of the acelctent was insured with the Natlonal InsuranGe Company Limlted andthe tnsurance Company could not ^ablish any breach of the potlcy condltions, the Insurance Company was liaBle to pay compensatton to the claimants. 4) As the respondents have not fited any appeal agalnst ttie award, the above findings iwsordwt by the Tritamal have now atlainedflnality. 5) The Tribunal assessed the income of the cteceased at Rs.50/- per day and Rs.1,50Q/- per month. By deductlng 1/3rd of Rs.1,500/- towards the personat expeivses of the decessed, the claimants' dependency was assessed at Rs.1 ,OOQ/- per month and R^l 2,000/- per annum. By multiplying the annual depaidenGy of Rs.12,000/- with the multlplier of 11 , the compensatton was woiked out to Rs.1,32,000/-. By awarding ftirthersum of Rs.12,000/- under other heads, the Trfbunal awarded a totad sum of Rs.1,44,00(y-a8 compensation to the claimante for the deatti of thetr SCTI Mohd. All in the motor accident. The Tribunal further directed pi^nwnt of interest on the above amount of compensation bf Rs.l ,44,000/- 6% per annum from the date of filing of the clahn petitton till ttie date of actual payment. 6) Shri Vishnu Ko^ita, leamed c»u^t for tt appdlantS submltted that the Tribunat has erred In awaiding tow eorppensation of Rs.1,44,000/- only though theappeUants' son Mohd. Ali would have extended great support to the apfreltanta in their old age. 7) Shri Raj Awasthi, leamect counsel for re^x»nd»rtNo^ttie Natlonal Insurance Company on the e^hw hand, supported ttw award and contendedthat as deceased Mohd. Ali betng a boy aged about 15years was not havlng any independent income of hisown.the compensation of Rs.1,44,000/- awarded by the Tribunal is Just and proper compensation in the facte and circumstancesof the present case, il. l;W: •: '" SS!^ 1-.-':;^ 8) DeGeasedMohd.AttMvasshowntobelSyeareofageinhis postmortem report. AW1 SakirAII, father of (teceiKed Mohd. Ali has stated that his son used to eam Rs.250/- per day by deating in food gratns. He further stated that on account of paralysls he is not <^ in a posltion to pursue any occupation. It has further come In his evidence that after the death of his son in the acGldeRt, his wife has become mentally upset. He further claimed that in the abow peculiar facts of the case the entire famity was def»ndenton the ineome of cteseased Mohd. Ali. 9) The compensation of Rs.1,44,000/- awardal by the Trilainal when examined In the context of the abov®nrenttoned t»oad features of the case, in our opinion, is somewhat on the lovwr stete and deserves to be enhanced to some odent. 10) Considering all the relevant aspectsofthe matter, we are of the opfnion that furtherawardof Rs.11,(XX)/- inGtoswe oflntereiBt component on the enhanced amount of compensatiOTi wouM make the compensation of Rs.1,44,000/- awarded by the Tribunal as just and propereompensation in the facte and eircum^anc^ of the present case. 11) The appeal filed by the appetlanl^claireants ftn- enhaneement of ttrecompensation, thereftwe, is altowed in pEBt. The claimants are awarded furttrer sumof Rs.11,GOty- iflctush/e of Interest component on the enhanced amount of compCTisation in addition to the sum of Rs.1 ,44,000/- awarded bythe Tnbunal. subbu 12) Respondent No.2 the NaUonal lnsuran(»Company Llmited ts granted three months' time for depositing the total sum of Rs.11,000/- before the conceming Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge K9 INM n ia RSi tWH m .^^l -F:N !ilB