-T^. F , J^. ^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 1520 of 2009 ,/<^.. Appeliants Claimants 1. Indrani, w/o late Ramkumar Verma aged 45 years, 2. Kantilal s/o late Ramkumar Verma aged 25 years, 3. Bhupendra s/o late Ramkumar Verma, aged 23 years, 4. Yugal Kishore s/o late Ramkumar Verma, aged 22 years, All r/o Khorsi, P.0. Bhainsa, P.S. Kharora distt. Raipur C.G. VERSUS Respondents Non-claimants Rekh Ram @ Aatmanand, s/o Johari Satnami, r/o Seja, PO Palari, P.S. Palari, distt. Raipur C.G. Driver vehicle No. C.G. 04/CU-1123 Ghanshyam s/o Punit Ram Maheshwari, r/o Seja, P.0. Palari, P.S. Palari, distt. Raipur C.G. Ownervehicle No. C.G. 04/CU-1123 The New India Insurance Company Limited, through Branch Manager, behind LIC Office, Pandri, distt. RaipurC.G. Insurer vehicle No.C.G.-04/CU-l 123 Memo of appeal under Section 173 of Motor Vehicle Act M.A.C.No.1520of 2009 ^. L. Present: Shri Anil Gulati, counsel on behalf of Shri Devarshi Thakur, for the appellants. Shri C.K. Sahu, counsel for respondents No.1 and 2. Shri A.K. Athaley, counsel for respondent No.3. ORDER (18th November, 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 Ninth Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 05.09.2009, passed in Claim Case No. 113/2009 (Old No.80/2008).r 2) As against the compensation of Rs.14,93,000/- claimed by the appellants/ claimants, unfortunate widow and major sons of deceased Ramkumar Verma, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on 17.07.2008 on account of the injuries sustained by him in the motor accident on 06.09.2007, the Tribunal awarded a total sum of Rs.2,32,000/- 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 Tribunal on a close scrutiny of the entire evidence led before it held that deceased Ramkumar Verma died on 17.07^2008 on account of the injuries sustained by him in the motor accident on 06.09.2007; the accident occurred due to rash ^^^'< 1 % -s %. E^ jy J^ "^1:-^^-> '<!^^^^ M.A.C.No.1520of 2009 ^ and negligent driving of the motorcyclist of the offending motorcycle bearing registration No.C.G.-04-CU-1123; as the above motorcycle on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the impugned award, the findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs. 15,0007- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 8, the compensation was worked out to Rs.80,000/-. The Tribunal awarded further sum of Rs.2,000/- towards funeral expenses and Rs. 1,50,0007- towards medical expenses and as such awarded a total sum of Rs.2,32,000/- 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.2,32,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. /s'^. I !'^ j '^.;p-^y.^ '^..-GB^" ^ M.A.C.No.1520of 2009 6) Shri Anil Gulati, learned counsel appearing on behalf of Shri Devarshi Thakur, learned counsel for the appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs. 15,0007- per annum only; in selecting the lower multiplier of 8 only; in awarding low sum of Rs.2,000/- only under other heads; and in awarding low compensation of Rs.2,32,000/- only. 7) Shri A.K. Athaley, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending Motorcycle, on the other hand supported the award and contended that the compensation of Rs.2,32,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri C.K. Sahu, learned counsel for respondent No.1 Rekh Ram @ Aatmanand and No.2 Ghanshyam, the driver and owner ofthe offending Motorcycle, also supported the award. 9) In a motor accident claim case what is important is that the compensation to be awarded by the Courts/Tribunal 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. 10) Now, we shall examine as to whether the compensation of Rs.2,32,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 11) True, the claimants pleaded that deceased Ramkumar Verma used to earn Rs.5,000/- per month as Carpenter, no ^•^' -^ ^ M.A.C.No.1520of 2009 <^ cogent and reliable evidence was led before the Tribunal for establishing the above occupation of the deceased and his income to the extent of Rs.5,000/- per month. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. 12) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2007-2008 is certainly on the lower side and requires reconsideration. 13) Considering that deceased Ramkumar Verma was found to be aged about 55 - 60 years by the Tribunal, we are of the opinion that he could have easily earned Rs.65-70/- per day even by working as an unskilled labour in the year 2007-2008. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- perannum. 14) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/- perannum. 15) The multiplier of 8 selected by the Tribunal requires reconsideration as the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121 prescribes the multiplier of 9 for the age group between 56- 60 years. -In our opinion, multiplier of 9 would be appropriate in the present case. M.A.C.No.1520of 2009 16) By multiplying the annual dependency of Rs.16,000/- with the multiplier of 9, the compensation works out to Rs.1,44.000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow. By adding further sum of Rs.1,50.000/- awarded by the Tribunal towards medical expenses, the claimants become entitled to receiv.e a total sum of Rs.3,09,000/- as compensation for the death of deceased Ramkumar Verma in the motor accident. 17) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunalabout 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. 18) Considering all the relevant aspects ofthe matter, including the delay in disposal of the claim petition, and the present appeal and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.77,000/- at Rs.8,000/-. 19) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,32,000/- awarded by the Tribunal is enhanced to Rs.3,09,000/- with further quantified -A ../•' ., ^-^-^^' .^-v M.A.C.No.1520of 2009 ^ .<? subbu amount of interest of Rs.8,000/- on the enhanced amount of compensation of Rs.77,000/-. 20) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.85,000/- (Rupees Eighty-five thousand only) (Rs.77,000/- towards enhanced amount of compensation + Rs.8,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.77,000/-) before the concerning Claims Tribunal. 21) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge