HIGHCOURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Claimants Misc. Appeal (0. No. 87 of 2006 1 Dhaniram Verma, aged about 54 years, S/o. Late Chimman Lal Verma, Occupation - B.S.P. Employee 2 Ram Bai, Wd/o Dhaniram Verma, aged about 50 years, occupation - house wife, both resident of Mangal Bazar Chhawani, Ward No. 17, P.0. hlousing Board, Thana Jamul, Tahsil and District Durg (C.G.) Respondents 4. VERSUS hlemant &/o Motiram Gwari, aged about 35 years, occupation driver, vehicle Truck No. C.G.07.Z.C.3566, Resident of Indira nagar, Opp. Sheetala Mandir House of Ramadhar Dhobi, Supela, Tahsil and District Durg (C.G.) another address Jwala Prasad Singh, Farid Nagar, Supela, Bchind Gulshan Road, P.S. Supela, Tahsil and District Durg (C.G.) Jwala Prasad Singh, S/o. Shri Rameshwar Prasad Singh, resident Farid Nagar, Supela, Behind Gulshan Road, P.S. Supela, Tahsil and District Durg (C.G.) Branch Manager, The New India Insurance.Company Limited, Power House Bhilai, Tahsil and District Durg (C.G.) Smt. Kanchan Singh, Wd/o not known, resident of Kailash Nagar Bhilai, Tahsil and District Durg (C.G.) pp"-' ^^^:^^ MISC. APPEAL UNDERSECTION 173 OF THE MOTOR VEHICLESACT.1988. Present: Shri A.C. Sahu, counsel for the appellants. Shri Sourabh Sharma, counsel for respondent No.3. ORDER (17th March, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents of deceased girl Ku. Seema Verma are the appellants before us in this appeal for enhancement ofthe compensation awarded bythe 8th Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 17.04.2006, passed in Claim Case No.321/2005. 2) As against the compensation of Rs.18,00,000/- claimed by the appellants/ claimants unfortunate parents of deceased Ku.Seema Verma by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 04.09.2003, the Tribunal awardeda total sumof Rs.1,38,500/- 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 Tribunal on a close scrutiny of the entire evidence led before it held that the claimants' daughter Ku.Seema Verma died on account of the injuries sustained by herin the motor accident on 04.09.2003; the accident occurred due to rash and negligent •••^::Q {l^^^»i: ws 1^BP-y| j ^-^;i driving of the driver of the offending vehicle Truck bearing registration No.C.G.07ZC/3566; as the above offending vehicle< Truck on the date of the accident was insured with theNewlndia 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 award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A ofthe Motor Vehicles Act. By deducting 1/3rdof 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 13, the compensation was worked out to Rs.1,30,000/-. By awarding further sum of Rs.8,500/- under other heads, the Tribunal awarded a total sum of Rs.1,38,500/- as compensation to the claimants for the death of their daughter Ku.Seema Verma in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation 6f Rs.1,38,500/- @ 6% per annum from the date of filing ofthe claim petition till the date of actual payment. ^•w^-w^.^^\^ ^ 6) Shri A.C. Sahu, learned counsel for the appellants submitted that the Tribunal has erred in awarding low compensation of Rs.1,38,500/- only. 7) Shri Sourabh Sharma, learned counsel for respondent^ No.3, the New India Insurance Company Limited, on theother hand, submitted that as deceased Ku. Seema Verma'would not have remained with the appellants for a long time as shewas due for marriage, the compensation of Rs.1,38,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) Deceased Ku. Seema Verma was aged about 18 years on< the date of the accident. The claimants are her parents, aged about 54 years and 50 years,. respectively. The unfortunate accident in which deceased Ku. Seema Verma lost her life took place in the year 2003. At the time of the accident, deceased Ku.Seema Verma was studying in B.Sc. Part-11, The claimants claimed that she used toearn Rs.4,000/- per month from tuition. The Tribunal has assessed her income at Rs.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-Aofthe Motor Vehicles Act. 9) The compensation of Rs.1,38,500/- awarded by the Tribunal when examined in the context of the above-mentioned broad features of the case, in our opinion, is somewhaton the lower side and deserves to be enhanced tosome extent. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,38,500/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellants/ claimants for, enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,38,500/- awarded by the Tribunal. 12) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge ,subbu