n^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLESHRI N.K. AGARWAL, J. Appellants Claimants Respondents Non-claimants Misc. Appeal (Cl No.1663/2008 1 Smt Khorbahiran Sahu, Sd/o Late Bhagwat Sahu, aged about 42 years 2 Ku Taruna Sahu, D/o Shri Bhishma Sahu, aged about 11 years minor through Grand Mother, Khorbaharin Sahu Both are residents of village Sambalpur, Post - Sambalpur, Distt Dhamtari (CG) VERSUS 1 Rajesh Kumar Netam, S/o Sonau Ram Netam, aged about 20 years, R/o Village - Bahigaon, Thana - Keshkal, Distt Baster (CG) 2 Smt Meena Sahu, W/o Bhuwan Lal Sahu, aged about 45 years through Bhuwan Lal Sahu, S/o Padum Lal Sahu, r/o Gedam Road, Jagdalpur Nayapara, Baster, Distt Jagdalpur (06) 3 The New India Insurance CompanyLtd., GE Road, Bhilai Power House, Branch Office, Raipur, Tahsil and Distt Raipur Miscellaneous appeal underSection 173 ofthe Motor Vehicles Act Present : Shri Sunil Sahu, counsel for the appellants. Shri SP Sahu, counsel for respondents No.1 and 2. Shri Sudhir Agrawal, counsel for respondent No.3. ^'T^^' /^^ -^ fr X1 ;<A I 1 •::'^ w ....^ ^ ORDER (11th July, 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 Motor Accident Clajms Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 08.10.2008, passed in Claim Case No.132/2007. 2) As against the compensation of Rs.10,92,000/-, claimed by the appellants/clajmants, unfortunate widow and grand-daughter of deceased Bhagwat Sahu, by filing a ctaim petition uncler Section 166 of the Motor Vehicles Act, for his death in the motor accldent on 25.08.2007. the Tribunal awarded a total sum of Rs.1.42,000/- as compensation along with interest @ 6% per annum frora the date of filjng of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evldence led before it held that deceased Bhagwat Sahu dled on accourrt of the injuries sustained by him in the motor accident on 25.08.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck bearing registration Nos.CG-17 H/0718; as the above offending vehicle truck 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. r"~ •y- ^ V/ 4) As the respondente have not filed any appeai against the award, the above flndings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum. 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 13, the compensation was worked out to Rs.1,30.000/-. By awarding further sum of Rs.12,000/- under other heads, the Tribunal awarded a total sum of Rs.1,42,000/- as compensation to the claimants for the death of deceased Bhagwat Sahu in the motor accident. The Tribunal further directed payment of interest on the above amount ofcompensation of Rs.1,42,000/- @ 6% per annum from the date of the filing of the claim petition till the date of actual payment. 6) Shri Sunil Sahu learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the incomeof the deceased and in assessing his income at Rs.15,0007- per annum only; in selecting the lower multiplier of 13; and in awarding low compensation of Rs.1,42,000/- only. 7) Shri Sudhir Agrawal, learned oounsel for respondent No.3 the New India Insurance Company Limited, the insurer of the offending vehicle truck on the other hand supported the award and contended that the compensatlon of Rs.1,42.000/-, awarded by the Tribunal is just and proper compensation in the facts and circumstances of the case. 8) True, the claimants pleaded that deceased Bhagwat Sahu used to earn Rs.4,000/- per month by working as Chowkidar and was also having annual income of Rs.10,000/- from agrteulture. the evidence led in that behalf was not of clinching nature. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. 9) Nevertheless, the income of the deceased assessed by the Tribunal in the year 2006 at Rs.15,000/-perannum is certainly on the lower side and requires reconsideration. 10) Considering that deceased Bhagwat Sahu was aged about 45-50 years on the date of the accident, we are of the opinion that, he could have easily earned Rs.70-75/- per day even by working as an unskilled labour in the year 2006. We therefore, propose to re-compute the compensation taking the income ofthe deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 11) 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. 12) Considering the age of the deceased and claimants, the multiplier of 13 selected by the Tribunal, in our opinion, Ss appropriate in the facts and circumstances of the present case. 13) By multiplying the annual dependency of Rs. 1 6,000/- with the multiplier of 13, the compensation works out to Rs.2,08,000/-. The /p- ~"\ 0^ ^'^ li I claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards loss of consortjum to the widow; and Rs.5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.2,23,000/- as compensation for the death of deceased Bhagwat Sahu in the motor accident. 14) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about 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 compensatjon may be quantified in this appeal 'rtself. 15) Considering all the relevant aspects of the 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 compensatlon of Rs.81,000/- at Rs.9,000/-. 16) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,42.000/- awarded by the Tribunal is enhanced to Rs.2,23,000/- with further quantified amount of interest of Rs.9,000/- on the enhanced amount of compensation of Rs.81,000/-. 17) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.90,000/- (Rs.81,000/- towards enhanced amount of compensation + Rs.9,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.81,000/-) before the concerning Claims Tribunal. 18) No order as to costs. Sd/- Chief Justice ma Sd/- N. K. Agarwal Judge