HIGH COURTOF CHHATTISGARH AT BILASPUR DIVISION BENCH a HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNiL KUMAR SINHA, J. Misc. Appeal No.138 of Apoellants r*1. '"t-^^/ r' Smt Usha Singh, W/o Late Gajendra Bahadur Singh, Aged about 38 years Sweta Singh, D/o Late Gajendra Bahadur Singh, Aged about 12 years Ku Smita Singh, D/o Late Gajendra Bahadur Singh, Aged about 9 years (Appellant No.2 & 3 being minor through thelr legat guardian Mother Smt Usha Singh, W/o Late Gajendra BahadurSingh) All are R/o Jaistambh Road, Near Hanuman Mandir, Rajnandgaon VERSUS Ramesh Kumar, S/o Danilal Shrivastava, Aged 39 years, R/o Ward No.29, Sonarpara, Near Shitla Mandir, Rajnandgaon (CG) Presently Residing at Old Aamapara, PS Mohan Nagar, Durg (CG) Owner & Driver / NA-1 The Newlndia Insurance Company Limited, through its Branch Manager, Branch Office, Kamthi Line, Rajnandgaon (CG) lnsurer/NA-2 *<. / ^ ^. ;;€ !:liL MISC. APPEAL UNDERSECTION 173 OF THE MOTOR VEHICLES ACT. Present: Shri Malay Kumar Bhaduri, counsel for the appellants. None for r'espondent No.1. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondentNo.2. El (22nd February, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Triburiai, Rajnandgaon (forshort 'the Tribunal') videaward dated 03.11.2004, passed in Clalm Case No.99/2003. 2) Asagainst the compensation of.Rs.1,1 1,70,000/- claimed by the appellants/ claimants, unfortunate widow and minor daughters of deceased Gajendra Bahadur Singh,by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 05.06.2003, the Tribunal awarded a total sum of Rs.4,04,000/- as compensation along with interest @ 6% perannum from the date of filing ofthe claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led -'before it held that deceased Gajendra Bahadur Singh died on account-of the injuries sustained by him in the motor accident on 05.06.2003; the accident occurred due to rash and negligent •S' • - • ' driving ofthe driver of the offending vehicle Marshall Jeep bearing ^ f%,~. .:.^€r%; l^ -%y • j f isite"v^5' 1^-. registration No.CG-08/5026; as the above offending vehicle Marshall Jeep on the date of the accident was insured with the New India Insurance Company Limitedand the Insurance Company could not estabiish any breach of the policy conditions, the Insurance Company was liabieto pay 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.5,000/- per month and Rs.60,000/- per annum. By deducting 1/3 of Rs.60,000/- towards the personai expenses of the deceased, the claimants' dependency was assessed at Rs.40,000/- per annum. By multiplying the annual dependency of Rs.40,000/- with the multiptier of 10, the compensation was worked out to Rs.4,00,000/-. By awarding further sum of 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.4,04,000/- as compensation to the claimants for the death of deceased-Gajendra Bahadur Singh in the motor accident. The Trjbunal further directed payment of interest on the above amount of compensation of Rs.4,04,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Maiay Kumar Bhaduri, learned counsel for the appellants submitted that the Tribunal has erred in selecting the .^•-"••"•9t^ /^^- _ ^ l;i^^ | sX^J ~^ .^y" --; c v lower multiplier of 10; in awarding low amount of Rs.2,000/- each towards funeral expenses and loss of consortium to the widow and in not awarding any sum towards loss of estate; and in awarding !ow compensation of Rs.4,04,000/- only. 7) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.2, the New India Insurance Company Limited; on the other hand, supported the award and contended that the compensation of Rs.4,04,000/- awarded- by the Tribunal is just and proper compensation in the facts and circumstances of the present case. • 8) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. !t should neither be a meager amount of compensation, nor a Bonanza. 9) Now we shall examine as to whether the compensation of Rs.4,04,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 10) On due consideration pf the submissions of learned counsel Tor the parties and the evidence led by the claimants before the Tribunal about the income of the deceased, we are satisfied that the Tribunal has rightly assessed the income of the deceased at Rs.5,000/- per month and Rs.60,000/- per annum and the claimants' dependencyat Rs.40,000/- per annum by deducting the ^^sa'-fc^, y^s^^ -'ilig' ^ )•/? Yic F<~ usual 1/3 of Rs.60,000/- towards the personalexpenses of the deceased. 11) Nevertheless, the multiplier of lOselected bythe Tribunal is certainly on the lower side and requires reconsideration. 12) Gonsidering the age^ of the deceased, his widow and their daughters, we are of the opinion that multiplier of 12 woutd be appropriate In the present case. 13) By multiplying the annual dependency of Rs.40,000/- with the multiplier pf 12 the compensation works out to Rs.4,80,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate and Rs.5,000/- for ioss of consortium to the widow. The claimants, thus, becomeentitied to receive a total sum of Rs.4,95,000/- as compensation forthe death ofdeceased Gajendra Bahadur Singhin the motor accident. 14) Learned counsei for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, theamount of interest on the enhanced amount ofcompensation may be quantified in this appeal itself. 15) Considering all the relevant aspects ofthe matter, including tne delay in disposal of the olaim petition, and the present appeal and the fact that the Insurance Company alpne 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.91,000/- at Rs.10,000/-. ^ %!1'. "^'•'SSSBS^'"" '^-, ^r subbu 16) Forthe foregoing reasons, theappeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.4,04,000/- awarded by the Tribunal is enhanced to Rs.4,95,000/- with further quantified amount of interest of Rs.10,000/- on the enhanced amount of compensation of Rs.91,000/-. 17) Respondent No.2 the New India Insurance Company Limited is granted three months' time for •depositing the total sum of Rs.1,01,000/- (Rs.91,000/- towards enhanced amount of compensation + Rs.10,000/-towardsquanttfied amount ofinterest on the enhanced amount of compensation of Rs.91,000/-) before the concerning Claims Tribunal. 18) No order as tocosts. Sd/- ChiefJustice Sd/- suna^umar Jud&e