':€^ ,-ly^>y' 't, S ' \,..i HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLESHRIRAJEEVGUPTA,C.J. HON'BLE SHRI RANGNATH CHANDRAKAR.J (SiisratM< rei-tia^ti Appellants Claimanto Respondents Non-applicants Misc Appeal No. 1218 of 2004 1 Smt Aruna Chourasiya, widow crf Late Diiip Chourasiya, aged about 44 years 2 Amit Kumar Chourasiya, son of Late Shri Dillp Chourasiya, aged about 25 years 3 Vijay Kumar Chourasiya, son of Late Dilip Chourasiya, aged about 23 years All are residents of Ramadhin Marg, Rajnandgaon (CG) VERSUS 1 Mohd SagirAli,sonofMohd.,Samsher Ali, aged about 30 yeara, Vshicle driver, resident of Gouri Nagar, Rajnandgaon (Chhattisgarh) 2 Sardar Manjit Singh Chawla, son of Late Iqbal Singh Chawla, vehicle owner, resident of teilash Nagar, Rajnandgaon (Chhattisgarh) 3 National Insurance Company Limited, through : the Branch Manager, Branch temthi Line, Rajnandgaon (CG) Miscellaneous Appeal under Sectron 173 of Motor Vehicle Act Present : Shri Abhishek Sharma, learned eounset for the appellants. None for r^pondents No.1 and 2 though served. / A s\ \ •I \ ' } .' -!^ 'tetSl-:. •'^ Shri Dasarath Gupta, learned counset for respondent No.3. ORDER »th (101" November, 2010) The Tollowing order of the Court was pass^t by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vkle award dated 31.08.2004, passed in Claim Case No.20/2004. 2) As agalnst the compensation of Rs.35,10,000/-, claimed by the appeltants/claimants, unfortunate widow and sons of deceased Dilip Chourasiya by filing a claim petition under Swtion 166 of the Motor Vehicles Act, for his death in the motor accident on 19.03.2004, the Tribunal awarded a totat sum of Rs.2,44,000/- as compensation along with interest @ 6% per annum fnmi the date of the fiting of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence l^ before it held that deceased Dilip Chourasiya died on account of the injuries sustained by him in the motor accident on 19.ro.2004; the accident occurred due to rash and n^ligent driving ofthe driver of the offending vehicle Truck-Tankerbearing r^istration No.CQ- 08-2C/0574; as the above offending vehicle Truck-Tanker on the date of the accident was insured with the National Insurance Company Limited, and the Insurance Company could not esteblish j t-^ any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeat against the award, the above findings recorded by the Trlbunat have now attained finality. 5) The Tribunal assessed the lossof dependency at Rs.2,(X)0/- per month and Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 10, the compensation was worked out to Rs.2,40,000/-. By awarding further sum of Rs.2,000/- towards (uneral expenses and Rs.2,000/- for loss of consortium to the widow, the Tribunal awarded a total sum of Rs.2,44,000/- as compensation to the claimants for the death of deceased Dllip Chourasiya in the motor accident. The Tribunal further direct«lpayment of interest on the above amount of compensation of Rs.2,44,00)/- @ 6% per annum from the date of the filing of the claim petition tilt the date of actual payment. 6) Shri Abhishesk Sharma, learned counsel for the appellants submitted that the Tribunal has erred in selecting the lower multiplier of 10; in not awarding any sum tcwards loss of estate; in awarding low sum of Rs.2,000/- towards funeral expenses and loss of consortium to the widow; and in awarding low compensation of Rs.2,44,000/- only. 7) Shri Dasarath Gupta, learned counsel for respondent No.3, the National Insurance Company Limited on the other hand supported the award and contended that as deceased Dilip Chourasiya was aged about 52 years on the date of the accident, 4 -X the compensation of Rs.2,44,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Considering the evldence available on rworct, we are satisfied that the Tribunal has rightly assessed the lo^ oT dependency of the claimants at Rs.2,000/- per month and Rs.24,000/- per annum. 9) The multiplier of 10 selected by the Tribunal is somewhat on the lower side in view of the recent dictum of the Apex Court in the case of Sarla Verma (Smt) and others Versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, wherein multiplier of 11 has been preseribed for the age group between 51-55 years. tn our opinion, muttiplier of 11 would be appropriate in the present case. 10) By multiplying the annuat dependency of Rs.24,000/- with the multiplier of 11, the compensation works out to Rs.2,64,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses, Rs.5,000/- towards loss of estate and Rs.5,000/- towards loss of consortium to the widow. The clalmants, thus, become entitted to receive a total sum of Rs.2,79,000/- as compensation for the death of deceased Dilip Ghouraslya in the motor accident. 11) The claimants are awarded further sum of Rs.5,000/- towards quantified amount of interest on the enharoed amount of compensation of Rs.35,000/-. 1^} |»j|IS3';t- 12) For the foregoing reasons, the appeat filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,44,000/- awarded by the Tribunal is enhanced to Rs.2,79,OCX)/- with further quantified amount of interest of Rs.5,000/- on the enhaneed amount of compensation of Rs.35,(XK)/-. 13) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.40,00)/- (Rs.35,000/- towards enhanced amourrt of compensation + Rs.5,000/- towards quantified amount of intereat on the enhanced amount of compensation of Rs.35,(KX)/-) before the concerning Claims Tribunal. 14) No order as to costs. — Sd/- Chief Jusdce h ' Sd/- R.N. Chandrakar Judge padma