A • P- HIGH COURT OF CHHATTISGARH AT BlLASPUR DIVISION^ENGH HON'BLE SHRIRAJEEVGUPTA,C.J.& HON'BLE SHR! RANGNATHCHANDRAKAR.J. AoDeltants Slaimants t-> Misc. ADpealNo. 856 of 2004 1 Smt. 'Sarswati Bai aged about yearsw/o tate Jogiram Sahu. Respondents Non-claimants 32 2 Minor Guman Singh Sahu aged about 17 years s/o late Jogiram Sahu. : 3 .Minor Kumari Dharmin aged about 12-years, d/o latedugiram Sahu [Appellant No. 2 & 3 beingi minors are; represented by their legal Guardian motHertlieappellantNo.1] 4 Vishat^^ahu,;agectaBout7?'^years s/6 late.Shn'PunauramSahu 5 Smt. Mungesia bai aged about 75 yearsw/o Shri'Vishal Sahu. Al! the resident of village Mphtara, Police Station & Tahsil Balodabazar distriet Raipur (C.G.) VERSUS 1 Yoggatutt @ Yogedutt aged about 20 years s/o Ram Kumar Veritia, resident pf village & Post Jarve, Police Station & Tahsil Palari district Raipur(C.G.) [Driver of offending vehtele bearing registFationNo.C.G.-04-T-0139] 2" Madan Dhurandhar,! aged about 50 years s/o Ujjyar |Prasad | Verma, resident pf ^yillagej 'S rPpst Jara, Poljce Sfation & Tahsil Palaiji, district :;: • ::Raipyr'(C.(3.^,,:.: :| ^,. ^i.:-;..';,:'''; tRegjstered ownen of offe^ vehiclebeartng registration N6. C.G.- 04-T-01391 - - ' . y ;-^Ba^.-.-. !.:1» 9^ ^ffii^ ': The New India Insurance Company Limited, through Divisionai Manager, the New India Insuranee Company Limited, Jai] Road, Raipur (C.G.) [Insurer of offending vehicle bearing registration No. C.G.-04-T-0139] Miscellaneous Appeal u/S 173 of the MotoLVehicle Aet, 1988 Present: Shri Dharmesh Shrivastava, counsel for the appellants. . Nonefor respondent No.1 fhough served. Shri C.K. Sahu, counsel forrespondent No.2. Shri Sudhir Agrawal, counsel for respondent No.3. (11thNovember.2010) The following order of the Court was passed by Rajeev Gupta, C.J. This is ciaimants' appeal for enhancement of the compensation awarded by the First Additionai Motor Accident Claims Tribunal, Raipur (for short, 'the Tribunal') yide award dated 21.04.2004, passedinClaim CaseNo.42of2Q03. 2) As against the compensation of Rs.13,60,000/- claimed by the appellants/ claimants, unfortunate widpw, minor children and parents pf deceased Jogiram Sahu, by fiting a claim petition under Section 166 of the IVIotor Vehicles Act, for tijs death in the /-••'•••:.•''•'•• . ', '•''•: :' . ' ••"-..•'. ...'•. ."..:".. ' ' : .'•:.'-. ' ".' '. . •• . motor accidenton 21.03.2D03, the Tribunal awarded a total sum pf Rs.1,48,000/- as compensation along with interest @i6% per annum from the date of filing of the claim petition till theldate of actual payment. ; : ' I: , ;! 'B •'!BS''.'^'^S')"K^I ai: R8B53 r"3^.-; ET>;TS5=TE!^sE»0!5q3: •'! . ' ....:' .'.,-;-;:'. •<..."'.'J.. ^ ^^sfivfS ist'-i—S—s^ 'SSEWRSt'^W iivfl<4tf): .'l1—,-..-: .^SS-sSS&S^S.rSS:-":'' .;:;:-: ^}lt:^^l:.fl"', :lti'^':^ •.:lt^;l'^1^ ff 3) The Tribunal ona close scrutiny ofthe entire evidence led before it held that deceased Jogiram Sahu died on account ofthe injuries sustained by him in the motor accident on 21.03.2003; the accident occurred.due to rash and negligent-driving of the driver of the offending vehicle Jeep bearing registration No.C.G.04-T/0139; as the above offending vehicle Jeep on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Gompany could not establish any breach of the policy conditions, the tnsurance Companywasliabletopayeompensationtotheclaimants. 4) As the resporidents have hot filed any appeal against the award, the above findings reeorded by the Tribunal have now attained finality. . 5) The Tribunal assessed the income of the deceased at Rs.1,500/- per month and Rs.18,000/- per annum. By deducting 1/3 of Rs.18,000/- tewards thepersonal expenses of the deceased, the claimants' dependency was assessed at Rs.12,000/- per annum. By multiplying the annual dependency of Rs.12,000/- with the multiplierof 12, the compensation was worked out to Rs.1,44,000/-. By awarding further sum of Rs.4,000/- under other heads, the Tribunal awarded a total sum of Rs.1,48,000/- as compensation to the ciaimants for the death of deceased Jogiram Sahu in the motor accident. The Tribunal further dilrected' payment of interest on the ahove amount of ^ compensation of Rs.1,48,000/- @ 6% perannum from the date of filing ofthe claim petition till the date of actual payment. 6) Shri Dharmesh Shrivastava, learned couhsel for the appeilants submitted that the Tribunal has erred in-not accepting the claimants' evidence about the incomeofthe deceased and in assessing hisincome at Rs.1,500/- per month and Rs.18,000/- per annum only; in selecting the lower muftiplier of 12; and in awarding low compensation of Rs.1,48,000/- only. 7) Shri Sudhir Agrawal, learned counsel for respondent No.3 theNew India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.1,48,000/- awarded by the Tribunal is just and proper compensation ih the facts and circumstances ofthe present case. 8) Shri C.K. Sahu, learned counsel for respondent No.2, owner of the offending vehiele alsosupported the award. 9) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should bejust and proper compensation in the facts and eircumstances of the case, It should rieither be a meager amount of compensation, nQr a Bonanza. 10) How/v/e shall examine as to whether the GQmpensation of Rs.1,48,000/- awarded b.^ the Tribunal is just and proper compensation in the facts and eircumstances ofthe presentcase. 11.) True, the claimants pleaded ttiat deceasedi Jogiram Sahu used to 6arn Rs.2,00,000/- per annum from Agriculti-ire; Rs.10,000/- per annum from collecting Tendu Leaves; Rs.10,000/- per annum as Mason, the evidence led in that behalf was not of clinching nature. No documentary evidence, sueh as Revenue papers etc., was adduced before th&-Tribunal to establish that the deceased had any agrieultural land at all. In thjsstate of evidence, we do not flridany fault in the approach of the Tribynal in discarding the claimants' evidence about the income of the deceased; 12) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.1,500/- per month and Rs.18,000/- per annum in the year 2003 is certainly on the tower side and requires reconsideratjon. 13) Considering that deceased Jogiram Sahu was aged about 35 years on the date ofthe accident, we are oftheopinion that he could have easily earned Rs.70-75/- per day even by working as an unskilled labour. We, therefore, prppose to recompute the compensatjon taking the income ofthe deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 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/- per:annum. f".:.. '' " : • '• ~" . ' . ''• 15) Considering the age qf the deceased, his widow, thejr chifdren and parents Qf the deceased, we are of the opinion thst multiplier of 15 would be appropriate in the present case. )/ 1 1 i*s"a^ iS'^S.f. J'^v ^ ^wta'.^r^ Ul'- "i1 IS I 1 16) By multiplying the annual dependency of Rs. 16,000/- with the multiplier of15, thecompensationworksouttoRs.2,40,000/-. The claimants are further ehtitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/-forlossQfestate; and Rs,5,000/-for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.2,5S,000/- as compensation forthe death of deceased Jogiram Sahu in the motor accident. 17) Learned counsei for the parties submitted that with a view to avoid any possible dispute between the parties abQut the period for which the claimants are entitled tp receive interest on theehhancedamount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appealitself. • : : . , 18) Considering ali therelevantaspectsofthe matter, including the delay in disposal of the claim petition.and the present appeal; and the fact that the Insurance Compgny aione 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.1,07,OOG/- at Rs.13,000/-. 19) For the foregoirig reasons, the appeal fited by the appellants/ ciaimants for enhaneement of the compensation is ailowed iri part.The compensationof Rs/!,48,000?- awaitied by the Tribunal is enhaneed'to Rs.2,55,000/- with fyrther quantified amount of interest of Rs.13,000/- on the enhanced amount of compensation ofiRs.1,07,000/— ; i 20) Respondent No.3- the New India insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,20,000/- (Rs.1,07,000/- fowards enhanced amount of compensation + Rs.13,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.1 ;07,000/-) before the concerning Claims Tribunal. 21) No order as to costs. SdA Chief Justice Sd/- R.N. Chandrakar Judee subbu