W EKEH CQQRT Q?’ CHHATT§$€§£§RH AT §ELA$PUR {ESVgSiQN EENCH QQEmW HC‘NESLE §2fiRi RAJEEv G3PTA, flJ. £1 %‘§$R§’£LE $%§‘R3 RANG?§A'FH SHANERa’ELKAR, i. Misg. Ammai Nu, 5§ 0f 2W4 Qméaé a $8 ncier Seciimn ’i'i3 9f ihe Maior \ighicms Act 19 Fa'eseni : Shri AaL. 3ingraui, counsei fer ihe appeiiants. 3m Sanjay S Agrawai, caunsei for respandent No.1. § 'ggaeis'anm Smt Ram Bai widow Claimams of {ate Singh Dehre, aged about 45 yeam 2. Ghanshyam, S/o iate Dhan Dehré, aged abaut 16 year 3‘ Surerah Dehre; SJO laie Dhan De we, aged abeut g years Appiicams No2 and 3 {@‘pre5ented by appenant No.1 Ram Ba; Aii are Rfo ViHage — Jarway, Thana Amanaka, Bistt — Raipur vERSuS Re$¥mmeMs '3. S'ita Ram Sam, Sfo Nen—app?iaarfzs Sri‘ Mansa Ram $a'nu, Occupatéon iTru-ck Owner, Rio Bhiiai Qabrapara, Thana — Bh§§ai, Tahsé: & Disit — Burg (CG 2, The Oriental in$urance Company Limi:ed, ihi’augh, Divisional manager, Divisianal Office — Kachahari Chowk, Jaii Road — Raipur(CG) 34 F001 Kumar Kewat; S/Q Sri Rupnath Kewaa aged about 32 years, Occupafion -— Truck Driver; Rfo Khurs%§ar, BhHai, Tahsil 8: Distt -— Durg(CG)/ l\) $mi P. ‘i'iwari, counse! for re$pondeni No.2. Mane I‘m rewondent Na. 3 though aerved. QRgER {am catcher, 29mg The foiiowing order of tha Court was passed by Rajeev Gupta? {3J1 Thi$ is aiaiman‘is’ appea! for enhancement 0f the commensatmn awarded bv the First Additianai Motor Accident C§a§ms Tr§bunaa Raipur (for short ‘the Tribunal’) v§de award dated 11.082003; passed, in Ciaim Caee No. 15512002, 2) As against the compensation of Rs.1Si20,000/- ciaimed by the apoeéientsiciarman’rsi unfortunate Widow and minor Children of neoeeeed Dhan $ingh Dehre, by firing a Ciaim petition under Section 166 or“ the Moior Vehioiee AGE; for his death in the motor accident on 16‘052302, {he Tribonai awarded a total sum of Reai;48;0{301— as oompeneaiion along with interest @ 5% per annum from the date of filing of the claim petition til! the date of ao‘iual payment. 3}) The Tribunal on a oiose scrutiny of the entire evidence led before it held that o‘eoeaeed Dhan Singh Dehre died on account or“ the iniuriee suetained by him in the motor accident on 16%,2902; the aooioent occurred due to rash and negiigent a driving of the driver 0t the offending vehicie Metacior hearing regéetration No’C.G.-07 2310445; ee the deceased and 30-35 other oereons were traveiiing iniihe offending vehicle Metador, a r good$-vahicle, as Barati, the in$urer of the Metador was not liabie ta pay compensation to the claimants and the liability in that beAhaii was that of the owner ahd driver of the Matador. 4) The Tribunai assessed the income of the deceaoed at Rat ,5DDI— oer month. By deducJng 1/3'd of R31 ,SOO/u towards the personai expenses of tho deceased; the ciaimants’ dependency was assessed at Rs.1,GDGI- per month and ReiZOiiOl- per ennum. By muitipiying the annual dependency of Retamw- with the moitipiier of 12, the compeneation was wotkeo out to Rs.1,44;OOO/—; By awarding further sum of ReA‘GQQL unoer other heads; the Tribunai awarded a total sum ‘ot’ R31 :48,00QI- as compensation to the ciaimants for the death of deceased Dhan $ihgh Dehre in the motor accident. The tribunat further directed payment of interest on the above amount of oomoeneation of R31 ,48,000f— @ 6% per annum from the date of ttiing of the otatm petition tilt the date of aotuai‘payment. 5) Shri AL Singraui; teamed counsel foi' the epoeiiants vehementiy argued that the Tribunal has erred in exonerating the insurer of the Metador from its iia'oiiity to pay compensation to the oieiments; in aseeseing the income ot the deoeaeedet Rs.1 ,SDOI— her month only; in selecting the tower muitiptier of 12; and in awarding tow compensation of R511 ,48,000/— oniy. 5) Shri Sanjey S. Agrawai; learned counsel for reepondent No.1, the owner of the offending vehicle Metador also submitted ‘ that the Tribunal hes erred“ in exonerating the insurer of the ’l/éh Matador from, its liability t0 pay compensation to the ciaimanm and hoiding the awner of the Metador liabSe ta pay compensatmn f0 the ciaimants. Learned counsei, so far as the quantum of compensation its concerned, supported the award and contended that the compensation of Rs} ,48IOGO/- awarded by the Tribune! és just and proper compeneetione in the facts and circumstances of ihe presenf ceee. 7) Shri P. Tiwert ieamed couneel for reepondem No2 the Oriental ineurance Company Limited; on the other hand supported the award and contended that as deoeaeed Dhan $ingh Dehre was travelling in a goods-vehicle in the capacity of a Barati, the Tribunal has rightly exonerated the insurer of the Metador from ite iiability to pay compensation to the otaimantsr 8) So far as the finding recorded by the Tribunai ieading to the exoneration of the insurer of the Metador from its liahiiity to pay oompensation to the claimants is oonoerned) it‘is apparent from the contents of the First information Report (Ex.P/4) produced by the claimants themselves before the Tribunal that as many as 30-35 persons at the time of the accident were travetiing in the Metador as Barati. As the offending vehioie Matador was registered and insured as goods carrying oommerciai vehicle, the Tribune; has rightiy exonerated the insurer of the Matador from its stability to pay compensation to the claimants and the owner and driver of the Matador have been rightly heid iiable to pay - compensation to the oiaimants. W 9) Now, we shaii examine as i0 whtather the campensation of R541,48,GOO/- awarded by the Tribuna’ is just and proper campensation in the facts and Circumstances of the present Gage. 10) The claimants specificaily pieaded that deceased Dhan Singh Dehre wed $0 earn R$.150/~ per day by working aS Comie on the said Meiader, Neither any ceriéficate was produced before the Tribimai nor the owner of the Metader was examined by the maimanis to establish ihat a eum 0f Rs.15(}/— was being paid by i‘ne ewner 0f the Metador to deeeased Dhan $ingh Dehre for werking as Ceoiie an his Matador. in thie state of evidence; we do net find any infirmity in the assessment of the ineome 0f the _ v deceased by the Tribunai at Rs] J5QOI- per month. 11) The ciaiman‘ts’ dependency aiso has been rightly assessed by the Tribuhai by deducting the ueue! 1/3“ of the income 9f the deeeased towards his personai expensee. 12) The multipiier of 12 selected by the Tribunal is rather on the higher side as the Tribune! found that deceased Dhen $ingh iiiehre was aged about 53 years on the date of the accident. ‘33) Fer the foregoing reasons, we do not find eny scope for enhancement of the compensation awarded by the Tribunai. 14} The apeeai fiied by the appeiiantsfciaimants for enhancement or” the compensation; thereferey is iiabie to be dismissed and is hereby diemissed. i5) No order as to costs. ' < . SIM V I :R.N. cilanaiiak a, #vi; l Sdl‘ éLA /\ t ‘ xVv ‘%‘\"arr"i I Judge \ ._‘W KL, j .,.s.,i._~ r r7 wrsi“ , m