M.A. (C) N0. %.^ / 2009 Appellants (Claimants) > t>'1 ^^•^^"" A'a' "' \.;IBI '•y'" ..v'y 3. 4. Versus Respondents (Non-Claimants) z^. ^ Smt. Sanjudevi Mahato, W/o Late Sanjay Kumar Mahato, Aged about 32 years, Pawan Kumar (Minor) Aged about 11 years Manish Kumar (Minor) Aged about 7 years Ku.Mamta (Minor) Aged about 5 years, Appellant no.2 to 4 are the sons and daughter of Late Sanjay Kumar Mahato. All three of them are minors through natural guardian (mother) Smt. Sanju Devi Mahato W/o Late Sanjay Kumar Mahato. All are R/o Village - Raghunathpur, Post - Dedhgaon, P.S. Kashichal, Distt. Nawada Bihar Present resident of House of Shr-i Sharda Sonkar, Village - Bhatgaon, P.S.- Purani Basti, Raipur, TahsilA Distt. Raipur-(C.6.) Shri Bunti @ Virendra Kumar Sharma, S/o Kujlal Sharma, Aged about 39 years, R/o Kalibadi Chowk, Raipur, P.S. - Kotwali Raipur, Distt. Raipur-(C.6.) (Driver of offending vehicle No.CG- 04-E-0355) Shri S.Ahuja, S/o Late Shri Jaisingh Ahuja, Aged nbout 44 years, R/o Pachpedi Naka, Raipur, Dist. Raipur- (C.6.) (Owner -of the offending vehicle) The Oriental Insurance Company Private Ltd., C.B.O.- 2 Madina Manjil Kacheri Chowk, Raipur, Tahsil & Distt. Raipur-(C.6.) (Insurer) MEMORANDUA/LOF APPEAL UNDER SECTCON i73 OF THE MOTOR VEHICLE ACT, 1988A c - ^-,! IN THE HON'BLE HI6H COURT OF CHHATnsSARH AT BILASPUR ^lr.^. R,. ^•-^^. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Aopellants Claimants Respondents (Non-claimants) Misc. Appeal (Cl No. 837 of 2009 1. Smt. Sanjudevi Mahato, w/o late Sanjay Kumar Mahato, aged about 32 years, 2. Pawan Kumar (Minor) aged about11 years, 3. Manish Kumar (Minor) aged about 7 years 4. Ku. Mamta .(minor) aged about 5 years, Appellant no. 2 to 4 are the sons and daughter of late Sanjay Kumar Mahato. All three of them are minors through natural guardian (mother) Smt. Sanju Devi Mahato w/o late Sanjay Kumar Mahato. All are r/o. village Raghunathpur, post Dedhgaon, P.S. Kashichal, distt. Nawada Bihar present resident of House of Shri Sharda Sonkar, village Bhatgaon, P.S. Purani Basti, Raipur, tahsil & distt. Raipur C.G. VERSUS 1. Shri Bunti @ Virendra Kumar Sharma, s/o Kujlal Sharma, aged about 39 years, r/o Kalibadi Chowk, Raipur, P.S. Kotwali Raipur, distt, Raipur C.G. (Driver of offending vehicle NO.C.G.04-E-0355) 2. Shri S. Ahuja, s/o late Shri Jaisingh Ahuja, aged about 44 years, r/o Pachpedi Naka, Raipur, distt. Raipur C.G. (Owner of the offending vehicle) r ...-f^S"'1' .A.C.No. 837 of 2009 -tA ~-«aa 3. The Oriental Insurance Company Private Ltd., C.B.O. - 2 Madina Manjil Kacheri Chowk, Raipur, tahsil & distt. Raipur C.G. (Insurer) Memo of apReal under Section 173 of WIotor Vehicle Act Present: Shri A.S. Rajput, counsel for the appellants. Shri Sunil Sahu, counsel for respondents No.1 & 2. Shri A.K. Athaley, counsel for respondent No.3. ORDER >th (09InDecember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded bythe 11 Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 19.01.2009, passed in Claim Case No.14/2008. 2) As against the compensation of Rs.19,98,000/-claimed by the appellants/ daimants, unfortunate widow and minor children of deceased Sanjay Kumar Mahato, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 26.06.2007, the Tribunal awarded a total sum of Rs.3,09,480/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led l?efore it held that deceased Sanjay Kumar Mahato died on account of the injuries sustained by him in the motor accident on •a«2, 6- ^ -^ %,'^ .A.C.No. 837 of 2009 ^o 26.06.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration No. C.G. 04/E-0355; as the above offending vehicle Bus on the date of the accident was insured with the Oriental 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. 4) As the insurer of the above offending vehicle Bus has not filed any appeal against the impugned award challenging the above findings recorded by the Tribunal, the same now have attained finality. 5) The Tribunal assessed the income of the deceased at Rs.100/- per day and Rs.2,600/- per month assuming that the deceased was getting work only for 26 days in a month. By deducting 1/3 of Rs.2,600/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.1,734/- per month and Rs.19,608/- per annum. By multiplying the annual dependency of Rs.19,608/- with the multiplier of 15, ,the compensation was worked out to Rs.2,94,480/-. By awarding further sum of Rs.15,000/- under other heads, the Tribunal awarded a total sum of Rs.3,09,480/- as compensation to the claimants for the death of deceasedSanjay Kymar Mahato in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,09,480/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. AC. No. 837 of 2009 6) Shri A.S. Rajput, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.2,600/- per month only; and in awarding low compensation of Rs.3,09,480/- only. 7) Shri A.K. Athaley, learned counsel for respondentNo.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Bus, on the other hand, supported the award and contended that the compensation of Rs.3,09.480/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) Shri Sunil Sahu, learned counsel for respondents No.1 and 2, the driver and owner ofthe offending vehicle Bus also supported the award. 9) In a motor accident claim case what is important is that the compensation to be awarded by the Courts/Tribunal shouid be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation nor a bonanza. 10) Now, we shall examine as to whether the compensation of Rs.3,09,480/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 11) True, the claimants pleaded that deceased Sanjay Kumar Mahato used to earn Rs.8,500/- per month by working as Supervisor in a Private Concern Dhara Construction Company, th? evidence led in that behalf was not of clinching nature. We, ..--ts, .A.C. No. 837 of 2009 ^ therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. 12) Nevertheless, the Tribunal after having assessed the income of the deceased at Rs.100/- per day has erred in assessing his monthly income at Rs.2,600/- per month assuming that the deceased was getting work only for 26 days in a month. In the absence of any specific and positive evidence that the deceased was working only for 26 days in a month, the Tribunal in our opinion, has erred in assessing the monthly income of the deceased at Rs.2,600/- per month in place of Rs.3,000/- per month. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. 13) By deducting the usual 1/3rd of Rs.36,000/- towards the personal expenses ofthe deceased, the claimants' dependency is assessed at Rs.24,000/- per annum. 14) The multiplier of 15 selected by the Tribunal, in our opinion, is appropriate as deceased Sanjay Kumar Mahato on the date of the accident was aged about 40 years and the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported ih (2009) 6 SCC 121 prescribes the multiplier of 15 forthe age group between 36-40 years. 15) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 15 the compensation works out to Rs.3,60,000/-. I.A.C.NO. 837 of 2009 ^t-l By adding further sum of Rs.5,000/- for funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow, the claimants become entitled to receive a total sum of Rs.3,75,000/- as compensation for the death of deceased Sanjay Kumar Mahato in the motor accident. 16) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal 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 compensation may be quantified in this appeal itself. 17) 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 compensation of Rs.65,520/- at Rs.9,480/-. 18) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.3,09,480/- awarded by the Tribunal is enhanced to Rs.3,75.000/- with further quantified amount of interest of Rs.9,480/- on the enhanced amount of compensation of Rs.65,520/-. 19) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.75,000/- (Rupees seventy-five thousand only) (Rs.65,520/- I.A.C.No. 837 of 2009 towards enhanced amount of compensation + Rs.9,480/- towards quantified amount of interest on the enhanced amount of compensation of Rs.65,520/-) before the concerning Claims Tribunal. 20) No order as to costs. Sd/- ChiefJustsce Sd/- Rangaath Chandrakar Judge subbu 1