HIGH COURT OF CHHATTISGARH AT BtLASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUFTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Respondents Misc Apreal (GlNo.509 of 2009 Tasneem Malik w/o late Shri Jafar Malik, aged about 43 yers, by Caste Momin, R/o Ward No.3 Pithoura, Thana and Tahsil - Pithoura, Distt Mahasamund (CG) VERSUS Angrej Singh, S/o Nihal Singh Sikkh, aged about 27 yers, Occupation - Drh/er, R/o Village Lande, Police Station —Baggaparana, Distt Baggaparana (Punjab) Present r/o Heerapur, Ring Road Raipur near Gurudwara, Thana - Amanaka, Distt Raipur (CG) (Driver ofthe vehicle No.CG-04Z/4185) Joginder Pal Singh, S/o Awtar Singh, r/o Heerapur Tatibvandh, Raipur, Thana Amanaka, Distt Raipur (CG) (Owner of the vehicle No.CG-04 Z/4185) National Insurance Company Ltd., through Reglonal Office, Mobin Mahal, GE Road, Raipur (CG) (Insurer of the vehlcle No.CG-04 Z/4185) Miscellaneous Appeal under Sectfon 173 of IWotor Vehicles Act Present : Shri Sunil Sahu, counsel for the appellant. ^ -.• y^^^. e s ^.- ** ^.s^^^ • i '%. 'tea'" ^f ShriGautam Khetrapal, counsel fw respondent No.3. ^ -• ORDER (13th Juty. 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short 1:he Tribunal') vlde award dated 11.12.2008, passed in Claim Case No.44/2008. 2) As against the compensation of Rs.25,70,000/-, claimed by the appellant/clalmant, unfortunate wldow of deceased Jafar Malik by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accidenton 13.09.2(X)7, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation along with jnterest @ 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 evidenee led before it held the National Insurance Company Limited, the insurer of the offending vehicle Truck/Trailor bearing reglstration No.CG- 04-ZC/4185 liable to pay compensation to the claimant. 4) As the respondents have not flled any appeal against the award, the above finding recorded by the Tribunat has now attained flnality. 5) The Tribunal assessed the income of the deceased at Rs.9,000/- per month. By deducting 1^rd of Rs.3,(X)0/- towards -:J KS^ ^t';^' ^stsa!ss^ S^A. '^ ',?••..•• • •'' 't- -—•qi ••'y',f ^ personal expenses of the deceased, the claimant's dependency was assessed at RS.2,000/- per monthand Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 12, the compensation works out to Rs.2,88,000/-. By awarding Rs.2,000/- towards funeral expenses and Rs.2,000/- for loss of consortium to the widow, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation to the claimant forthe death of deceased Jafar Malik in the motor accident. The Tribunal further directed payment ofinterest on the above amount of compensatlon of Rs.2,92,000/. @ 6% per annum from the date of flllng of the claim petition till the date ofactual payment. 6) Shri Sunil Sahu, leamed counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of estate and inawarding low compensation of Rs.2,92,000/- only. 7) Shri Gautam Khetrapal, leamed counset for respondent No.3 the National Insurance Company Limited, the insurer of the offending vehiele Truck/Trailor on the other hand supported the award and contended that the compensatlon of Rs.2,92,(XX)/- avvarded by the Tribunal Is just and proper compensation In the facts and circumstanGes ofthe present case. 8) On due consideration of the submissions of learned counset for the parties and the evidence led before the Tribureil about the income of the deceased we are satlsfied that the Tribunal has rightly assessed the income of the deceased at Rs.3,000/- per month. We, therefore, do not find any Inflrmity in the assessment "'i'.-: PJ^idma (^T) of the compensation by the Tribunal at Rs.2,88,000/- towards of dependency. 9) Neverthetess, the Tribunal has certainly erred in not awarding any sum towards loss of estate and in awardlng only Rs.2,000/- each towards funeral expenses and loss of consortium to the widow. 10) Considering all the relevantaspects of the matter, we are of the opinion that further awardof Rs.15,000/- inclush/e of interest component on the enhanced amount of compensation would make the compensation of Rs.2,92,CXX)/- awarded by the Tribunal as just and proper compensatlon in the facts and circumstances of the present case. 11) The appeal, filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.15,000/- incluslve of interest component in addition to the sum of Rs.2,92,000/- awarded by the Tribunal. 12) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,(XX)/- before the conceming Claims Tribunal. 13) No order as to costs. -I Sd/- ChiefJustice Sd/- Rangnath Chandrakar Judge "•"i