~€: INTHEHItiHCOUF^QR^UDIOVW^e^BIl^re^^ c;'..l'^lMBif®e^6©:'720Qa:'':-: .: ^^mt. Uijawala S^rkar Wd/o late .. p • ; Harinand Sarkar, aged about §0years ^^l^inor Ku.3ayanti.SarkarD/o.lafe;;. 1-larinai'id Sa!rKar, ageel about I'4years 1inoFChaFidanSarkar,S/olate APPELLANTS: CLAIMANTS :<^?siaii ^.-iJS-^S^' ^^5 ...£* ^- -<.».'•'' , Harihand Sarkar, aged abpyt O 1 'years ^\ - ^4^MinQr UnneshSarkarS/o late l-larinahd SarkarAged'aboyt.06ygars; ; ',. J •: • AppellantNo. 2,3^.4arenlinQ!-t:hrQugh legaf gyardian appellanf No. 1, mother Smt.Ujjawala Sarkar' ;. All R/oVillageP.V.-3,Pakhanjur, . : Thana andTahsil Pakhanjur, Distnet.North :.;Bastar,Kanker(C.G.)^''.'' ' • .Versus::;;:',:':;;'- '/1:: .::':'" ::;': :.. I. '^Djpahkarl<i.indu:S/&C.N. Kyjicli.j^aged , ^ <f^^ ; • R/O^Viilage Pakhanjur,Tahsil,Pakhanjur, • DistrictKanker(G,G;) . .'^^^ .^ 2.^ The New India Insyrance Compahy • f ' Limited, Near'JhankarTalkies/JaipyrRoad,: 3agdalpur,,DJstrictBastar(C.G.).^ MiscellanceousADDialui'icterSection!*L73ofthelvl6tbr^/ehi£le Aet, 1§94 ' ',''.,••: ;;^';.'1"'':'-;^^^ RESROMDENTS: NQttKlAIMANTS .€;''^:^i^'^i^s^;?^NS^^^^^I^P^;S'it^?:^ ':s^^ssK^S&S^S!:SSS:S^'^'^:'" mG®COim^CWGHHATTISC!ARH^^^ MISC. APPEALCNo. 260/2009 APPELLANTS Smt. Ujjawala Sarkar and others Versus RESPONDENTS Dipankar Kundu and another SB:- Hon. Shri N.K. Agarwal, J PRESENT:- Shri A.L. Singrol, Advocate for the appellants. Shri Deepak Gupta, Advocate for respondent No. 2. ORAL ORDER (13-7-2010) 1. This is claimants' appeal seeking enhancement of compensation awarded by the Additional Motor Accident Claims Tribunal (FTC), Bhanupratappur vide its award dated 5-2-2008 in Claim Case No. 66/2007 whereby and whereunder the claimants have been awarded a total sum of Rs. 1,25,000/- as compensation along with interest at the rate of 6% per annum from the date of application till its payment. 2. Brief facts of the case are that on 16-5-2006, while the deceased Harinand Sarkar along with ofher persons was returning in the vehicle Tampo Trax bearing registration No. CG 04/H 3093, in a blast made by nexalites, he died. 3. The claimants preferred an application under Section 166 of the Motor Vehicles Act, 1988 clairning compensation against the owner and insurer of the vehicle. Learned Tribunal on a close scrutiny of the evidence adduced and on appreciation of the material placed on record assessed notional income ofthe deceased at Rs. 15,000/- per annum i.e. Rs. 1,250/- per month. After deducting l/3rd of it towards personal expenses, dependency has been assessed at Rs. 10,000/- per annum. By applying multiplier of 11, leamed Tribunal has assessed Rs. 1,10,000/- as compensation on account of loss of income. By awarding further sum ofRs. 15,000/- towards other heads, the Tribunal awarded a total sum of Rs. I',25,000/- as compensation to the claimants for the death of ^ .a-FS deceased Harinand Sarkar in the said accident. Tribunal has further awarded interest @ 6% per annum from the date of application. 4. Shri A.L. Singrol, learned counsel for the appellants would submit a that the compensation awarded is on lower side as monthly income ought ^ to have been assessed as Rs. 3,000/- per month. ( 5. Per contra, Shri Deepak Gupta, leamed counsel appearing for the respondent No. 2 supported the impugned award and submitted that the •: amount awarded is just and reasonable and the same deserves to be upheld. 6. I have heard learned counsel for the parties as also the impugned award. 7. The Tribunal assessed the notional income of the deceased at Rs. 15,000/- per annum. As the accident occurred in the year 2006 and in view of several pronouncement of Division Bench of this court and looking to increase in the cost of living and prices index, and also taking into consideration the effect of Section 163 A(3) of the Act, 1988, in the considered opinion of this court, the notional income would be Rs. 3000/- per month and Rs. 36000/- per annum in place of Rs. 15,000/-. Therefore, I propose to recompute the compensation after taking notional income as Rs. 36,000/- per annum. By deducting 1/3 ofRs. 36,000/- towards personal expenses ofthe deceased, yearly loss of dependency would be worked out to Rs. 24,000/-. Since the deceased was of the age of 55 years, in the considered opinion of this Court, appropriate multiplier woiild be 8 and not l-1. By multiplying the yearly loss of dependency with multiplier of 8, the compensation towards loss of dependency would be Rs. 1,92,000/-. By adding Rs. 15,000/- as awarded by the Tribunal towards other heads, the total amount for which the clainiants are entitled coines to Rs. 2,07,000/-. The Tribunal has awarded Rs. 1,25,000/-, therefore, the claimants are entitled for a furfher sum of Rs. 82,000/- as compensation. The claimants are also entitled for interest at the rate of 6% per annum from the date of application. 8.' For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement ofthe compensation is allowed in part. The compensation of Rs. 1,25,000/- awarded by the Tribunal is enhanced to Rs. 2,07,000/- with interest @ 6% per annum from the date of application. Thus the appellants are entitled for a further sum of Rs. 82,000/- along with interest @ 6% per annum from the date of application till its payment from the respondent No. 3. 9. The respondent No. 3 / the Insurance Company is granted 3 months' time for depositing the above amount. 10. No order as to costs. [.K. AgrawaS