. F-^. '&^- ®y '^ i ^s>-' f^ t E i iauj 'n SNIL.KUS II 11 i,c, •g?.if! Mangmoti, aged about 42 years, Widovv of Dll Singh @ Jhabbu 2. Sahanu, aged about 13 years, S' iate Dii Singh @. Jhabbu Yadav Ku. Savitri, aged about 11 years, daughter of iate Di! Singh @ JhabbuYadav 4. Narad, agsd about 8 years, S/'o ite Dll Singh @ Jhabbu Yadav Appeltants 2, 3 and 4 minors throuah guardian Mangmoti, VVidow of Di Singh @ Jhabbu Yadav, aged about 42 years. Sukvarl Bai, Widow of !ats Nathuram aged about 67 years. A!l - Caste Yadav, residents of Viiiage Pitvapa!i, Post Sukhipali, P.S. Plthaura, Tahsil and District Mahasamund (C.G.). Karnel Singh, aged about 47 years, S/o Shri Charan Singh, Panjabi, Occupation - Truck Driver, through Jasvinder Singh, S/o Charan Sin.qh, aged about 50 years, Panjabi, Resident of Transport Nagar, Tatit Raipur, District Raipur (C-.G.). iffit^i-i!. i; -A^ "!s*\ v-sm, 5 Mi 2. l^ f Jasvinder Singh, S/o Charan ingh, aged about 52 years, Panjabi, Occupation Truck Owner, Resident of Transport Nagar, Tatibandh, Raipur, Dlstrict Raipur f^ r^ \ i,^.u.). Divisional Manager, The United India Insurance Co. Ltd. Divisionai Officer, JaH Road, Kachahri Chauk, Raipur, District Raipur tf. /~t ^ i''-'.<j.,1. :CT!ON1730FT! 10TOR VEHiCLES ACT, 'resent: Shri A.L. Singraul, learned counsei !for the appeltants. None for respondents No.1 and 2. Shri Dashrath Gupta, learned counsei for respondent No.3. ith (04"' May, 2( The following order of the Court was passed t: This is claimants' appeal for enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunsl, Mahasamund (for short 'the Tribunal'), vide award dated 25.01.2005, passed in Ciaim Case No.99/2003. 2. The clalmants, unfortunats widow, minor chiidren an( rnother of deceased Di! Singh @ Jhabbu Yadav claimed compensation of Rs.8,00,000/- by filing a ciaim petition under iection 166 of the Motor Vehicles Act for his death in the motor accident on 16.07.2003 when his bicycie was dashed by the offending vehicle Truck bearing registratlon No. CG-04- G-0685, resultina in his instantaneous death on the soot itself; The 1Ste,»|j"(ti& |! ";:^... /'" ^' " 1> S;l •• If'" clalmants further pleaded that deceased Dit Slngh Yadav 'A'as aged about 44 years and used to earn Rs.1 OO/- per da'; r as carpenter. 3. The owner and driver of the offendin.q vehicie Truck did no'l contest the c!aim and were proceeded ex parte before th( lal. 4. The insurer of the Truck contested the claim and denied iis iiabilitv to pay compensation to the claimants on the ptea that the deceased himseif v»'as responsible for the acclaent; the driver of the offendin.q vehicle Truck was not holdina s vatid drivina licence; and the Truck was being plied in breac'n of the poiicy conditions. 5. The claimants examined AW-1 iVlangmoti and AW-2 Govsnc Sharma in support of their ciaim, whereas the insurer of the Truck did not examine any Vi/itness in rebuttal. 6. The Tribunal on a close scrutinv of the evidence led before it heid that deceased Dit Singh @ Jhabbu Yadav died on account of the Injuries sustalned by him in the motor accident on 16.07.2003; the accident occurred due to rash and neaiiaent driving of the driver of the offending vehicle Truck; as the offendina. vehicle Truck on the date of the accident was insured with the United india Insurance Cpmpany Limited, the Insurance Company was iiable to pay compensation to the claimants. 7. The Tribunal assessed the income of the deceased at Rs.1,500/- per month and Rs.18,000/- per annum. By deductini 1 /3rd nf R<a 1 R OHH/- fnwarri?; th& n?>r%nn?ai pvrt»5n%&% nf ths* ;d, the ciaimants' dependency was assessed at ^.S'--t^ ,>li'"^, >^: \y^^ lt»i.S- Rs.12,000/- per annum. By multiplying the annual dependency of Rs.12,000/'- vi.'ith the multiplier of 15, the compensation 'was worked out to Rs.1,80.000/-. By awardlna further sum of Rs.5,000/- for IQSS of Rs.2,i iras funers consortium to the widow; and Rs.2,500/- towards ioss of estate, the Tribunal awarded a Rs.1,89.500/- as compensation to the claimants for the death of deceased Di! Sinah (@ Jhabbu Yadav in the motor accident. The Tribunal further directed payment of interest on the above compensation of Rs.1,89.500/- filing ofthe claim petition, til! the % per annum from the date of Shri A.L. Sinaraul, le ats of actual payment. igraul, learned counsel for the appeliant; submltted that the Tribuna! has erred in not accepting the ciaimants' evidence about the income of the deceased and in assessing his income at Rs.1 ,500/- per month and Rs.18,000./- per annum oniy; in selecting the lower muitipiier of 15; and in awarding IO'A' compensation of R's.1,89,500/- only. Shri Dashrath Gupta, learned counsel for respondent No.3 the United India Insurance Company Limited, on the other hand, supported the award and contended that as the ciaimants couid not establish the income of the deceased to the extent of Rs.100/- per day as pieaded by them, the compensation of Rs.1,89,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10. The findings recorded by the Tribunal that deceased Dii Sinah @> Jhabbu Yadav died on account of the iniuries sustalned ,• s"";""i'^ t . ist '~t by him in the motor accident on 16.07.2003; the driver of the offendina vehicle Truck was responsible for the accldent; and the insurer of the offending vehicle Truck was liabte to psy compensation to the claimants have no'A' attained finaiity as the respondents have not filed any appeal against the award. That apart, these findings are not under challenge before us in thls appeai. We, therefore, affirm the above findinas recorded by th< 11. Now, we shall examine as to whether the compensation of Rs.1,89.500/- awarded by the Tribuna! is just and proper compensation in the facts and circumstances of the present case. 12. in a motor accident ciaim case, what is important is that the compensation to be awarded by the Courts/ Tri'ounals shouid bs just and proper compensation in the facts and circutnstances of thi case. It shouid neither be a meaaer amount nor a bonanza. s7' • 'fSS- 13. True, the claimants pleaded that Jhabbu Yadav used to earn Rs.100,/- per day as Carpenter, but the 'vidence ied in that behalf was not of clinching nature. Vs/e, therefore, do not flnd any fault in the approach of the Tribuna! in discarding the claimants' evidence about the income of the deceased. 14. Nevsrtheless, the income of the deceased assessed by the TribunaS at Rs.1,500/'- per month and Rs.18,000/- certainly on t'ne lower side and requires re-consideration. 15. The Tribuna! while discarding the clalmants' evidence about the income of the deceased ouaht to have assessed his income on ..r' (P ,,„« ar'nii.:,. ..sy the basis of the notional income prescribed in the Seconi Schedule under Section 163-A of the Motor Vehictes Act. 15S. The notional income of Rs.15,000/- wss prescribed in the Second Schedule under Section 163-A of the Motor Vehicies Act in the year 1994. The accident in the present case wherein deceased Dil Singh @ Jhabbu Yadav lost his life took piace in the year 2003. if the increase in the prices of the essential commodities and the cost of iiving during the period between ths year 1994 and 2003 is taken into consideration, the notional income o'f Rs.15,000/- prescribed in the year 1994 would certainly come to Rs.30,000/- in the year 2003. We, therefore, propose to re-compute the compensation taking the income of deceased Di! Singh @ Jhabbu Yadav at Rs.30,000/- per annum. 17. By deducting 1/3rd of Rs.30,000/- tovvards the personal expenses of the deceased, the ciaimants' depeRdency is assessed at Rs.20,000/'- per annum. 18. Considering that deceassd DiLSingh @ Jhabbu Yadav was a.ged about 44 years on the date of the accident and his widow claimant No.1 Mangmoti was shown to b.e 40 years of age In the claim petltion, we are of the opinion that multiplier of 12 would be appropriate in the present case, In view of the dictum of the Apex Court in the case of New India Assurance Co. Ltd Vs Kalpana ind ofhers, reported in 2007 ACJ 825. 19. By multipiying the annual dependency of Rs.20,000/- with the multiplier of 12, the compensation works out to Rs.2,40,000/-. The claimants are further entitled to receive Rs.5,000/- towards .,;i»:?''*';~1'^. ,;'".."°" ' *> ,?;•'"' ... '"'i, ,J'liifc 1 '•fs*'^ "'t S ~^. '^/ ::i;^^(i ..'-^' funerai expenses; Rs.5,000/- towards ioss of estate; and Rs.5,000/- for loss of consortium to the widow. The ciaimants, thus, become entitled to receive a total sum of Rs.2,55,000/- as compensation for the death of deceased Dli Singh @ Jhabbu Yadav in the motor acddent on 16.07.2003. 20. Learned counse! for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the ciaimants 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 thi aDDeal itself. ?£ 21. Considering ail the reievant factors including the'deiay in disposal of the claim petition and the present appsat and the fact the Insurance Company alone is not to be biamed for the delay in the matter, we quantify the amount of interest on ths enhanced amount of compensatlon of Rs.65,500/- at Rs.14,500/'-. 22. For the foregoing reasons, the appeal filed by ths appeiiants/ claimants for enhancement of the compensation is ailowed in part. The compensation of Rs.1,89,500/- awarded by the Tribunal is enhanced to Rs.2,55,000/'- 'A'ith further quantifiec amount of interest of Rs.14,500/'- on the enhanced amount of compensation of Rs.65,500/-. 23. Respondent No.3 The United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.80,000/- (Rs.65,500/- tov.'ards enhanced amount of compensation + Rs.14.500/- towards the quantified amount of ,;<"•":"'"<•!> -3i, "t :f; i.t. "^•:a;, ^l j •^ W' L • interest on the enhanced amount of compensatlon Rs.65,500/-) before the concerning Ciaims Tribunal. 24. No order as to costs. .-——--——- sd/- Chief Justice Sd/- SunU Kumar Sinha Judge subbu ^