M: HON'BLI i-S(n.!M?i n^i ^ialmants Sml >hyambai Sahu, Aged about 30 years, Wd/o Late Achalram Sahu iar Sahu, aged about 9 years, S/o Late Achairam Sahu 3 Keshoram Sa'nu, aged about 3 years, S/o Late Achalram Sahu 4 Bhaggu Sahu; aged about 3 years, S/o Late Achairam Sahu 2, 3 & '4 rninors throuah natural luardiai 1SI imt.Shyambai Sahu, J?*l/n Isi'iSi Ar^hsirsFT^ -^shi? r-i'^-i iCEU GLi i i i-?ffii 1 U All R/o Village Nathunawagaon, PO Tumdibod, PS and Tahai! Dongargaon, distt Rajnandgaon (CG) Narayan Das Sa'nu, Aged about 60 years, S/o iate Hagar Das Sahu Smt Kejabai Sahu, aged about 55 years w/o Narayan Das Sahu, No.5 & 6 are both R/o vliisge Nathunavagaon PO Tumdibod, Tahsil and PS Dongargaon, Distt Rajnandgaon (CG) isponcierits invor \J )hare, S/o ^Ramaji Dambhare, aged 45 years, R/'o Bhimchowk, Plot No.19, Qur No.4562, Padoie Nag, Nagpur, Distt Nagpur (Maharashtra) Divakar Halmare, aged about 42 years, Deshpandey layout, Vaishnavdevi Chowk, Naapur (Maharashtra) A f^"- ^ ^ ''SS-' ^. •' y. The New India Insurancs Company Ltd., Branch Rajmakal Commerciai Compiex - II fioor, Panchshi! Square, Vardha Rpad, Nagpur (Maharashtra) Through Dlvisiona! Manager, the New india Insurance Company Ltd., Bhilai, Power House, Distt Durg (CG) irsss li—A/.s.M •ftTn*S S^f^ Present : Shn 1 ShriSudhirA sal, counsei fortheat wsl, counsel for respondei sth The followina order ' of the Court was d b- This is claimants' appeal for enhancement of the compensation awarded by the First Addltional Motor Accldent Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 04.11.2004, passed in Claim Case No.124/2003. 2) As against the compensatlon of Rs.18,07,200/-, clalmed by the appeliants/ciaimants, unfortunate vi/idow, minor children and parenis of deceased Achairam Sahu by filing a claim petition under Section 166 of the Motor Ve'nicles Act, for hls death in the motor accldent on 12.07.2003, the Tribunal awarded a totaS Rs.1,48,000/- as compensstion to the claimants along with @ 6% per^annum from the date of the filing of the claim ps the date of actual payment. interest tion tiil ^ 11S... . -.^f^. i '^igPE"| J i\ ~'"'1" •? .•>' 'y^ 3 3) The Tribunal on a close scrutiny GT' the entire evidence Sed deceased Achairam Sahu died on account of the injuries sustained by him in the motor acddent on 1 2.07.2003; the iw^iu^s and negligent driving of the driver of the offending vehicie Truck bearing registration No.MHV-8884; as the above offending vehicle Truck on the date of the accldent was insured with the Nev/ India insurance Company Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay fhe compensation to the claimants. 4) As the rsspondents have not filed any appea'i against the award, t'ne above findings recorded by the Tribunal have ROV/ attained finaiity. 5) The Tribunal assessed the income of the deceased at Rs.50/- per day; Rs.1,500/- per month and Rs.18,000/- per annum. By deducting 1/3r° of Rs.18,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 12,000.''- per annum. By multipiying the annuai dependency of Rs.12,000/- Vi/ith t'ne multiptier of 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 claimants for the death of deceased Achalram Sahu in t'ne motor accident. The Tribunai further directed payment of interest.on the above amount of compensation of Rs.1,48,000/- @ 6% per annum from the date of fiiing of the claim petition till the date of actuat payment. ^ 6) Shri Gautam Kshetrapal, learned counsel for the appeilants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his jncome at Rs.50/- per day, Rs.1,500/- per month and Rs.18,000/- per annum only; In seiection the iower multiplier of 12; in awardin; only sum of Rs.4,000/- under other heads; and in a'warding lovv compensation ofRs.1,48,000/- only. 7) Shri Sudhir Agrawai, learned counsel for respondent No.3 the New India Insurance Company Limited, on the other hand supported the av.'ard and contended that as the deceased yas working oniy as coolie and was not getting regular work dai!y, the compensatioR of Rs.1,48,000/- awarded by the Tribunal is just and proper compensation in the facts andcircumstances of fhe present case. 8} In a motor accident claim case what is important is that the compensation to be awarded by the Courts / Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a 7) Now, we shail examine as to whether the compensatlon of -Rs.1,48,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Though the claimants pleaded that deceased Achairam Sahu used to earn Rs. 150-200/- per a'ay as coplie in the Truck, no cogent and reiiable evidence was led before the Tribunal to estabiish the income of the deceased to that extent. In this state of evidence we •-!>^!sw*^~ f^-^\ ~\ ^^ ';•] h^'vy do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about ths income ofthe deceased. 9) Nevertheiess, the income of the deceased assessed by the Tribuna! at Rs. 1,500.'- per mont'n in the year 2003 is somev/hat on the iower side and requires reconsideration. 10) Considering that deceased Achalram Sahu was aged about 37 years on the date of the accident, we are of the opinion t'nat he could have easiiy earned Rs.70-75/- per day even by working as unskilled labour. W'e, therefore, propose to recompute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 11) By deducting the usuai 1/3l'd of Rs.24,000/- tovrards the personai expenses of the deceased, the claimants' dependency is asssssed at Rs.16,000/- per annum. 12) Considering the age of the deceased, his widow, their children and parents we are of the opinlon that muitipiier of 15 wouid be iate in the present case. 13) By mujtipiying the annual dependency of Rs.16,000/- with the multipiier of 15, the compensation works out to Rs.2,40,000/-. The ciaimants are further entitled to receive Rs.5,000/- tov.'ards funera! expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow. The ciaimants, fhus, become entitled to receive a tota! sum of Rs.2,55,000/- as compensation for the death of deceased Achalram Sahu in the motor accident. K 14) Learned counsei for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitied to receive interest on the enhanced amount of compensation, the amount of interest OR the enhanced amount of compensation may be quantified in this appea! itself. 15) Considering all the relevant aspects of the matter, including the delay in disposa! of the ctaim pet'tion and the present appeal, and the fact that the Insurance Company alone is not to be bi; for the entire de!ay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.1,07,000/- at Rs.11,000./-. 16) For the foregoing reasons, the appeal fiied by the appeilants/ claimants for enhancement of the compensation is allovved in part. The compensation of Rs.1,48,000/- awarded by the Tribunal is enhanced to Rs.2,55,000/- with further quantified amount of interest of Rs.11,000/- on the enhanced amount of compensation of Rs.1,07,000/-. 17) Respondent No.3 the New Ina'ia Insurance Company Limlted is granted three months' time ror depositing the total sum of Rs.1,18,000/- (Rs.1,07,000/- towards enhanced amount of compensation + Rs.11,000/- towards quantified amount of 'nterest on the enhanced amount of cornpensation of Rs.1,07,000/-) before the concemins Ciaims Tribunal. 18) Noorder as to costs. Sd/- Sunil Kumar Sinha Judge Sd/- Chief Justice