^ \\\ HIGH COURTOFCHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLESHRIRANGNATHCHANDRAKAR,J. Misc. Appeal No. 526 of2006 Appellants Claimants 1. Smt Janki Devi, H/o Chandrabhan Singh, Aged about 45 years 2. Chandrabhan. Singh, S/o Late Ram Prasad Singh, aged about 50 years 3. Manju Singh, D/q jChandrabhan Singh, aged about 23 years 4. Brijendra Singh, S/o Chandrabhan Singh, aged about 22 years All residence of Kailash Nagar (Near by Gayatri Aata Chakki) Thana - Chavni, DisttDurg (CG) VERSUS 1. BalkarSingh, S/o Swarn Singh.aged about 40 years, R/o Camp - 1, 18 No. Road, Infront of Verma School, Bhilai (Driver) 2. Ramfhal S/o Niri Sharma, aged about 44 years, R/o MG Market, Heavy Transport, GE ^Road, Power House Bhilai (Owner) 3 National Insurance Company Ltd., By Divisional manager, Branch No.1, Bhutani Complex, ©ERoad, Bhilai (Insurer) MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESAGT,1988. Respondents /' t\S Present: Shri JitendraGupta, counsel for theappellants. Shri Raj Awasthi.counsel for respondent No.3. ORDER (18th April, 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 First Additional Motor Aceident Claims Tribunal, DUrg (for short 'the Tribunal') yide award dated 31.01.2006, passed in Claim Case No.47/2006.f j 2) As against the compensation of Rs.43,12,000/- claimed by the appellants/ claimants, unfori:unate parents, sister and brother of deceased RajeshSingh by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for his death in the motor accident on 17.06.2004, the Tribunal awarded a total sum of Rs.4,32,500/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunalon a closescrutiny ofthe entire evidence led before itheld that deceased Rajesh Singh died on accountofthe injuries sustained by him in the motor accident on 17.06.2004; the accident pccurred due to rash and negljgent driving ofthe driver of the offending vehicle Truck-Dumper bearing registration NO.C.G.07/ZG-3868; as theabove offending vehicle Truck- Dumper on the date of the accident was insured with the National Insurance Company Limited and the Insurance Companycould s-'^ not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) The Tribunal assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3 of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 17, tbe compensation was worked out to Rs.4,08,000/-. By awarding further sum of Rs.24,500/- under other heads, the Tribunal awarded a total sum of Rs.4,32,500/- as compensation to the claimants for the death of deceased Rajesh Singh in the motor accident. The Tribunal further directed payment of interest on the aboveamount of compensationof Rs.4,32,500/- @ 6% per annum from the date of filing ofthe claim petition tilllhedate ofactual payment. 5) Shri Jitendra Gupta, learned counsel for the appellants vehemently argued that the Tribunal has erred in not accepting the claimants' evidence aboutthe income ofthe deceased and in assessing his income at Rs.3,000/- per month and Rs.36,000/- per annum only; and in awarding low compensation of Rs.4,32,500/- only. 6) Shri Raj Awasthi, learned counsel for respondent No.3, the •<"- .- •'•-.' NatiOnal Insurance Company Limited, on the other hand, submitted that the Tribunal has awarded excessive sumof 4 y -^SSS^ 't\S ii]^ Rs.4,32,500/- to the claimahts for the death of deceased Rajesh Singh in the motor accident. 7) In a motoraccident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 8) Now we shall examineas to whether thecompensation of Rs.4,32,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 9) ^ True, the claimants pleadedthat deceased Rajesh Singh, who was a student of 2 Semester of Mechanical Branch of Engineering used toearn Rs.7,000/- per month from tuition and the Tribunal has assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. 10) Even assuming the income of the deceased at Rs.7,000/- per month and Rs.84,000/- per annum as pleaded by the claimants, the claimants' dependency would not be more than Rs.42,000/- per annum as 50% of the income of the deceased is I'equired to be deducted towards his personal expenses as the deeeased was.unmarried on the date of the accident and in view of the dictum of the Apex Court in the case of Syed Basheer Ahamed andothersVersus Mohammed Jameel and another reported in (2009) 2 Supreme Court Cases 225; as the claimantsare parents, brother and sisterof the deceased, the .,])•••-;'1-<^^ ^s" .....i^. ' ^,^ /' 't'^. nimmi appropriate multiplier in the case would not be more than 10in view of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC-731; by multjplying the annual dependency of Rs.42,000/- with the multiplier of 10, the compensation works out to Rs.4,20,000/-; by adding Rs.5,000/- towards funeral expenses and Rs.5,000/- for loss of estate, the claimants become entitled to receive a total sym of Rs.4,30,000/- as compensation, which is less than the sum of Rs.4,32,500/- awarded by the Tribunal. t 11) For the foregoing reasons, we do not find any scope for enhancement ofthe compensation awarded by the Tribunal. 12) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 13) No order as to costs. /— Sd/- Chief Justice Sd/- Rangnatfa Cbandrakar| "1"T'E Jlli.i.!::'