?w-^s"EfA^S::!i*SliS^,.'- 4S!S>^ s ...J.'^ .^ HK3H COURT OF CHHATriSGARH AT BILASPUR DIVISIONBEIWH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI PRASHANT KUMW NB^KRA, J. MA.No. 1173 Of 2003 Appellants !a«:!!Sii.'s.asy- 1. Smt Vijay Lakda, aged about 33 years, Wd/6 Late Martln Lakda 2. Minor Abhisbek Lakda, aged about .11 years, S/o Late MarUn Lakda 3. Minor Ashish Lakda, aged about 9 years, S/o Late Martin Lal<da 4. Mfnor Avinash Lakda, aged about 5 years, S/o LateMartin Lakda Apf^llant 2 to 4 are minor through the natural guardian mother Smt. Vijay Lakda, Widow of Late Martin Lakda All R/o Village - Dhimarapur, Near Second Brid^, Tah & Distt Raigarti (CG) Resoondents VERSUS 1. Rahmat Khan, aged about years, S/o Hasan an, R/o Shantlnagar, Pathalgaon, DvsSt Jashpur Ns^ar 2. Satya Narayan Agrawal, S/o Baburam Agrawal, aged aboitf yeare, R/p Darrapara Road, * Pathalgaon, Dis/tt. Jashpur Nagar 3. The Brartch Manager, The New India Insurance Company Limited, Raigarh(CG) Miscellaneous appeal under Sectton 173 ofthe Motor Vehictes Acfc 1988 Jl» -^s"? '" li:" Kfc .N;»!; Present: Shri Awadh Tripathi and Shri Sanjeev Banjare, l^u-nedcounselfortheappellants. , Shri Pankaj Agrawal, teamed counsel for responctent No.3. ORDER . (17thAugust,2010) The following order of the Court was passed by Rajeev Giipta, CJ. This is ctaimants' appeal for enhancemCTit of the compensation awarded by the Second Addttional Molor Accident Claims Tribunal, Raigarh (for short the Trtbunal') vide awaixl dated 30.08.2003, passed In Clalm Case No.06/200't. 2) As against the compensation of Rs.t7,OS,OS30f- cfatmed by the appetlants/claimants, untortunate widow and minor chlldren of deceased Martin Lakda by filinga claim p^ition under S^iton 166 of the Motor Vehicles Act, for his death in the motor aceictent on 18.10.2000, the Tribunal awarded a total sum of Rs.5,19,640/- as compensation along with interest @ 9% per annum from the date of filing ofthe claim petition tlll the date of actuat paym»rt. 3) The Tribunal on a c\ose scrutiny of the entire evtetence led before it held that deceased Martin Lakda died on account of ttie mjuries su^ained by him.jn the motOT accktent on 18.10.2000; the accident occurred due to ra^i and negllgCTrt driving of the driver of the oflBnding vehtele Jeep bearing r^tetration No. M.P.-26-E 9131; as the offending vehicle Jeep onlhe date of the accident was insured with the Newlndia Insurance Company S/f iSiirB »ll!nt.a"Ni'gas Limited, the Insurance Company was liable to pay compensatton tothe claimants. 4) As the respondents have not flled any appeal against the award, the above findings recorded by the Trtbunal have now attained finallty. 5) The Tribunal assessed the incwne of the deceased at Rs.4,aX)/- fw month. By dedueUng Rs.1,33W- towards the personat expenses of the deceased, the claimants' dependeiwy was assessed at Rs.2,670/- per month and Rs.32,040/- per annum. By muttiplying the annual dependenGy of Rs.3&,040f- wfth the multiplier of 16, the compensatton was vrorked out to Rs.5,12,640/-. ByawardingfurthersumofRs.7,OOQ/-underother heads, the Tribunal awarded a totat sum of Rs.5,19,640/- ^ compensation to the claimants fbr the death of deceased Martin Lakda in the motor accictent. The Tribunal furUier (tin payment of interest on the above ammint of compensaflon of Rs.5,19,640/- @ 9% per annum from the date of flBng of tte claim pettlion tilt the date of actual payment. 6) Shri Awadh Tripathi and Shn Ssmjeev Ban^ire, l9am«l counsel forthe appellants, submitted that the Tribunal haserred in assessing ttie income of the deceased at Rs.4,000/- per month only though the salary certificate establlshed the income of the deceased more than Rs.6,000/- per month; and in awarding low compensertton of Rs.5,19,640/- onty. 7) Shri Pankaj Agrawal, (eamed counsel 1w respondent No.3 the New Indla Insurance Company Limlted, on theother hand, pa; 4 Ea'E;i|l-!»iMgl 'Ji;":.:"!£' supported the award and contended that the compensation of Rs.5,19,640/- awarded by the Trlbunal Is just and proper compensation In the facts and circum^anees ofthe present case. 8} In a mGtor accident claim case, whert is impertant is that, the compensation to be awarded by the Tribunals/ Courts shoutd be just and proper compensation in the tacts and drGumstanc^ of the case. tt should neither be a m^ger amount of compensation, nor a Bonanza. 9) Now we shall examine as to whether the compensafion of Rs.5,19,640/- awrarded by the Tribunal is Just and proper comper^tion in the facts and circumstences ofthepr^entcase. 10) Deceased Martin Lakda was a Police Constable at the time of the accident. According to the salary certificate Ex.A/1 produced before the Tribunal, his baslc pay was Rs.4,300/- and deamess allowance was Rs.1,6341: In additton to the above, he was geffing some rther allowances. Thus, his gmss ^lary was Rs.6,255/- per month. The Tribunal certainly has fallen into error in assessing the income of the deceased at Rs.4,000/- per month onty. In our consWered oplnlon, the salary of the cte(»asedougW /' ^ to have been assessed at Rs.6,00(y- per month. We, therefwe propose to recompute the^compensation taldng the income ofthe deceased at Rs.6,000/- per month and Rs.72,00(y- per annum. 11) By deducting the usuat 1/3"i of Rs.72,000/- towante the personal expenses of fhe deceased, the claimants' (jependen^ is assess^l at Rs.48,000/- per annum. ; i/s: §ii'':-it'fe saast" if-Si 12) Considering the age of the deceased, his widww and their children, we are of the opinion that multiptier of 14 would be appropriate in the present case. 13) By multiplying the annual dependency of Rs.48,(XX)/- wtth the multiplier of 14, the compensation worte out to Rs.6,72,0(X)/-. The claimants are further entitl«lto recelve a sum of Rs.10,000/- towrairds funeral eiqienses; loss of estate; and loss of consortium to the widow. The claimants, thus, become entitled to reoeive a total sum of Rs.6,82,000/- as compensation for the death of deceased Martin Lakda in the motor accident. 14) Leamed counsel for the parties submttted thatwtth a view to avoid any possible dispute between the parties about the period for wMch the claimants are enlitted to receive interest on the enhanced amount of compensatton, the amount of interest <wi the enhanced amount of compensation may be quartified in thts appeal itself. 15) Gonsidering atl the relevant aspwte ofthe matter includlng the delay in disposal ofthe daim petiBim snd the f»esentappeal and the feret that the Insurance Compamy atone is rurt to be blamed for the entire delay in the matter, we quantity ttie ameunt of interest on the enhanced ampunt of compensation of Rs.1,63,^0/- at Rs.16,640/-. 16) For the foregoing reasons, the appeal ffled by the appellants/claimants for enhancement of the cwipenaatton fe allowed in part. The compensation of Rs.5,19,640/- aw»rdedby the Tribunal is enhanced toS!S.6,B2iOQOf- wi i further gyianBfied ^•li.^Hs;^,^^ amount of Interest of Rs.16,640/- on the enhanced amount of compensation of Rs.1,63,360/-. 17) Responderrt No.3 The New India Ireurance Company Limited is granted three months' Ume Tor deposiBi^ the totel sum of Rs.1,80,000/- (Rs.1,63,3«y- towante enhanced aniount of compensation + Rs.ie,640/- towards quantlted amount of interest on the enharoed amourt of ccnnpensaUon of Rs.1,63,36<y-> befbrethe concemingClalms Tribunsd. 18L Noorder as to costs. Sd/- Chief Justice S61- Prashant Kumar Mishra Judge nimmi g.-fe.^K