^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHRJ RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J MiscAppeal (0 No.284 of 2008 Appellants Claimants Respondents Non-applicants 1 Smt Amrit Bai, Wd/o Late Rammilan Sahu, aged about 32 years 2 Dulesh Kumar, S/o Late Rammiian Sahu, aged about 11 years 3 Umesh Kumar, S/o Late Rammilan Sahu, aged about 9 years 4 Chhabiram, S/o Late Rammilan Sahu, aged about 7 years Appellant No.2 to 4 are minors represented by their mother and appellant No.1 Smt Amrit Bai 5 Smt Sundariya Bai Sahu, Wd/o Late Ram Sewak Sahu, aged about 60 years All R/o Durgapara, Santoshi Nagar., Near Durga Mandir, Raipur CG VERSUS Wali Mohammad, S/o Abdul Ismai! Aged about 48 years, Driver, R/o Village Urmal, Thana - Devbhog, District Raipur Durg (CG) Present Address - C/o Jai Hind Garage Bhaisthan Raipur, CG (Driver ofVehicie bearing Registration No.CG - 04/G- 8452) Mohammad Yunus, S/o Abdul Latif R/o C/o Jai Hind Garage Bhaisthan Raipur, CG (Owner of Vehicle bearing Registration No.CG - 04/0-8452) & 2 ^ S.^V 3 The New India Insurance Company Limited, through Divisional Manager, the New India Insurance Company Limjted, Madina Building Jail Road, Raipur CG (Insurer of Vehicle bearing Registration No.CG - 04/G-8452) Miscellaneous Appeal under Section 173 of Mptor Vehicles Act Present : Shri Satyendra Sahu and Shri Suresh Tandon, counsel for the appellants. Shri Sreekumar Agrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.3. ORDER iith (28l"June,2011) The following order of the Court was passed by Rajeev Gupta, CJ. This is claimants' appeal for enhancement of the compensationawarded by the 9th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 23.11.2007, passed in Claim Case No.92/2007. 2) As against the compensation of Rs.11,20,000/-, claimed by the appellants/claimants, ynfortunate widow, minor children and mother of deceased Rammilan Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 13.03.2007, the Tribunal awarded a total sum of Rs.3,64,000/- as compensation along with interest @ 7.5% per annym from the date of filing of the claim petition tili the date of actual payment. y^y^ ^ 3) The Tribunal held the insurer of the offending vehicle Metador bearing registration No.CG-04 G/8452 liable to pay compensation to the claimants. The Tribunai assessed the income of the deceased at Rs.3,000/- per month. By deducting 1/3 of Rs.3,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.2,000/- per month and Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 15, the compensation was worked out to Rs.3,60,000/-. By awarding further sum of Rs.2,000/- towards funeral expenses and Rs.2,000/- for loss of estate, the Tribunal awarded a total sum of Rs.3,64,000/- as compensation to the claimants for the death of deceased Rammilan Sahu in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,64,000/- @ 7.5% per annum from the dateof filing of the claim petition till the date of actuat payment. 4) Shri Satyendra Sahu and Shri Suresh Tandon, tearned counsel for the appellants submitted that the Tribunat has erred in awarding only Rs.2,000/- towards funeral expenses and Rs.2,000/- for loss of estate and not awarding any sum towards loss of consortium to the widow; and in awarding low compensation of Rs.3,64,000/- only. 5) Shri Sreekumar Agrawal, tearned Senior Counse! with Shr^Anand Gupta, iearned counsel for respondent No.3 the New India Insurance Company Limited, insurer of the offending vehicle Metador, on the other hand supported the award and contended np 'c. ,.^<.: that the compensation of Rs.3,64,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 6) On due consideration of the submissions of learned counse! for the parties and the evidence available on record, we are satisfied that the Tribunai has rightly held the insurer of the offending vehicle Metador liable to pay compensation to the claimants. The income of the deceased also has been rightiy assessed by the Tribunal at Rs.3,000/- per month. Simitarly, the claimants' dependency also has been properly assessed by the Tribuna! by deducting the usual 1/3rd ofthe income ofthe deceased towards his personal expenses. The multiplier of 15 selected by the Tribunal atso cannot be found fault with as multiplier of 15 is prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act for theage group between 40-45 years. 7) Nevertheless, the Tribunal has erred in not awarding any sum towards toss of consortium to the widow and in awarding iower amount of Rs.2,000/- each towards funeral expenses and loss of estate. 8) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.11,000/- indusive of interest component on the enhanced amount of compensation would make the compensation of Rs.3,64,000/- awarded by the Tribunal as just and^proper compensation in the facts and circumstances of the present case. •/^ /£"f- i^L^.^,. 1 ^:l,^^]y^,- 'i- ^^// l'^ij..:l.^'^; ^ -^ padma 9) The appeal filed by the appellants/claimants for enhancementof the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation, in addition to the sum of Rs.3,64,000/- awarded by the Tribunal. 10) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concerning Clafms Tribunal. 11) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge