^:,^.SS-S^^ :','€3K*, 8 ^s-xssS. sv^ -\^ •/» SLE SHRI RAJEEV GUPTA. CJ. .E Claimants Shanshyam Prasad Dikshit, S/o Late Shri. Mahadeo Prasad Dikshit, aged about 50 years Smt Kanakiata Dikshit, W/o Shri Ghanshyam Prasad, Dikshit, aged about 48years Both resident of village Podi Daiaha, Akalatara, Present address through Ganesh Prasad Dikshit, dhan mandi near Towa Naka, Tehsil & Distt Bilaspur (CG) 'Ssf Karmjit Singh @ Sanju Kumar, S/o Phakir Singh Panjabi Caste Sikha, aged about 35 years, R/o Rajabagan, 10 no Kolkata, Thana 12 Nagar, Distt 24 Pargana Kolkata (West Bengal) (relevant driver of Truck No.VVB - 23/5748) Administrator, M/s Bhagwan Das Vyapar Udoyag Limited, 194, SP Mukharjee, Road Kolkata - 26 (West Bengai) (Owner of Truck No.WB 23/5748) The New India Insurance Company Limited, through Seftior Branch Manager, branch Office Rajendra -Nagar Chovvk, Tehsil & Distt Bilaspur (CG) Present: Shri MK Bhaduri, counsel for the appeliants. Shri Shailendra Sharma, counsel on behalf of Shri Prashant Jayaswal, Senior Counsei for respondent No.3. rd The following order of the Court was passed ThiS is claimants' appeal for enhancement of the compensation awarded by the Fifth Additiona! Motor Accident Claims Tribunai, Bitaspur (for short 'the Tribunal') vide award dated 10.10.2002, passed in Claim Case No.85/2001. 2) As against the compensation of Rs.36,75,000/-, claimed by the appellants/claimants, unfortunate parents of deceased Sanjeev Kumar by filing a claim petition under S-ection 166 of the Motor Vehicles Act, for his death in the motor accident on 1 1.10.1999, the Tribunal awarded a total sum of Rs.3,00,000/- as compensation to the claimants along with interest @ 9% per annum from the date of the filing of the claim petition tiil the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it tield that the claimants' son Sanjeev Kumar died on account of the injuries sustained by him in the motor accident on 11.10.1999; the accldent occurred due.to rash and negligent iriving oF the driver of the offending vehicle Truck bearing registration No.WB-23/5748; as the above offending vehicle Truck 3 on the date of the accident was insured v/ith the New insurance Company Limited, and the Insurance Company could not establish any breach of the poiicy conditions, the Insurance Company was liable to pay the compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.3,000/- per month. By deducting 1/3rd of Rs.3,000/- towards the personal expenses of the deceased, the clalmants' dependency was assessed at Rs.2,000/- per month and Rs.24,000/- per annum. By multiptying the annual dependency of Rs.24,000/- with the multipiier of 12, the compensation was worked out to Rs.2,88,000/-. By awarding furiher sum of Rs.12,000/- under other heads, the Tribisnal awarded a total sum of Rs.3,00,000/- as compensation to the claimants for the death of their son deceased Sanjeev Kumar in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,00,000/- 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri MK Bhaduri, 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.3,000/- per month oniy; and in awarding low compensation of Rs.3,00,000/- only. y. SK- 7) Shri Shailendra Sharma, learned counsel appearing on behalf of Shri Prashant Jayaswal, learned Senior Counsei for respondent No.3 the New India insurance Company Limited, on the other hand supported the award and contended compensation of Rs.3,00,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) The claimants pleaded that their son deceased Sanjeev Kumar at the time of the accident was working as Sates Trainee with Dupont and was getting Rs.5,000/- per month. The claimants, for establishing the above employment of the deceased and his income to the extent of Rs.5,000/'-, produced the letter of appointment-Ex.P/14 and also examined AW/3 Kamlesh Sharma, a co-worker of the deceased before the Tribunai. 9) On due consideration of the contsnts of Ex.P/14 and the evidence of AW/3 Kamlesh Sharma, swe are satisfied that the claimants have succeeded in establishing the income of the deceased to the extent of Rs.5,000/- per month. 10) We, therefore, propose to recompute the compensation taking the income of the deceased at Rs.5,000/- per month and Rs.60,000/- per annum. 11) As deceased Sanjeev Kumar on the date of the accident was unmarried, 50% of Rs.60,000/- is required to be deducted towards his personal expenses in view of the dictum of the Apex Court in the case of Syed Basheer Ahamed and others Vs Mohammed Jameei and another reported in (2009) 2 Supreme Court Cases ~^- L • -^ 11 225. We, therefore, assess the claimants' dependency at Rs.30,000/- per annum by deducting 50% of Rs.60,000/- towards the personal expenses of the deceased. 12) As the claimants are parents of the deceased, the appropriate multiplier in the case would be 10 in view ofthe dictum of the Apex Court in the case of Munscipa! Corporation of Greater Bombay Vs Laxman iyer and another, reported in (2003) SCC-731, wherein it was held that in those cases where the daimants are parents of the deceased, the multiplier should never exceed 10. 13) By multiplying the annuat dependency of Rs.30,000/- with the multiplier of 10, the compensation works out to Rs.3,00,000/-. Ths claimants are further entitled to receive Rs.5,000/- towards funerai expenses; and Rs.5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.3,10,0007- as compensation for the death of their son Sanjeev Kumar in the motor accident. 14) The claimants are further awarded further sum of Rs.1,000/- as quantified amount of interest on the enhanced amount of compensation of Rs.10,000/-. 15) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the .eompensation is aliowed in part. The cpmpensation of Rs.3,00,000.'- awarded by the Tribunal is enhanced to Rs.3,10,000/- v/ith further quantified amount of interest of Rs.1,000/- on the enhanced amount of compensation of Rs.10,000/-. ^i 'S&' !;g| .;^|h iiS a'| ;jl! 16) Respondent No.3 the New India Insurance Company Llmited is granted three months' time for depositing the total sum of Rs.11,000/- (Rs.10,000/- towards enhanced amount of compensation + Rs.1,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.10,000/-) before the concerning Claims Tribunal. 17) No order as to costs. Sd/- Chief Justice Sd/- Sunsi Kuaiar Sinha Judge a jl;"fit- • ;.;; ^^. .....^am. •:.,. -^^ _:i«-s