^r HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Misc. Appeal (C) No. 684 of 2006. Appellants Claimants Respondents Non-applicants Kripanidhi, s/o late Jaipal, Caste - Christian aged about 64 years. Smt Puspa Bai, W/o Kripanidhi Caste - Christian aged about 60 years Both r/o Akasnagar, Frezerpur (Rajeev Gandhi Ward) Jagdalpur Distt. Bastar (CG) VERSUS Jogesh Kumar Markam, S/o Budhram Markam, aged about 38 years, Caste - Rajgond, R/o Nimana, PO Borayeegoan, PS Boden Distt Nawapara (Orissa) At present R/o Village - Mukhmur PS Derbhog, Distt Dhamtari (CG) (Driver) Lakhpat Raj Soni, Mishri Lal Soni, R/o Geedam PS Geedam Distt Dantewada (CG) (Owner) United India Insurance Company, tiranch Office Jagdalpur, Distt Bastar Ahmad Shariq S/o Abdul Rajjaq, age 65 years, R/o Rajendra NagarWard, Jagdalpur Distt Bastar (CG) (Owner of Jeep) The New India Insurance Company Branch Office Jagdalpur, Distt Bastar (CG) <-',. •^. ^^ Memo of appeal under Section 173 of the Motor Vehicles Act. Present: Shri Subhash Yadav, counsel for the appellants. Shri H.B. Agrawal, Senior Counsel with Smt. Meera Jaiswal, counsel for respondent No.3. ORDER ith (14mJuly,2011) The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents of deceased George Justin @ Chhotu are the appellants before us in this appeal for enhancement of the compensation awarded by the 4 Additional Motor Accident Claims Tribunal, Jagdalpur, at Bastar (for short 'the Tribunal') vide award dated 26.09.2006, passed in Claim Case No.08/2006. 2) As againstthe compensation of Rs.18,30,000/- claimed by the appellants/ claimants, unfortunate parents of deceased George Justin @ Chhotu, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for his death in the motor accident on 30.03.2003, the Tribunal awarded a total sum of Rs.1,59,000/- as compensation along with interest @ 6% per annum 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 the claimants' son George Justin @ Chhotu died on account of the injuries sustained by him in the motor accident on 30.03.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.CG-18ZC/03980; as the above offending vehicle Truck on the date of the accident was insured with the United India Insurance Company Limited and thelnsurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the insurer of the offending vehicle Truck has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal assessed the income of the deceased at Rs.3,000/- per month. By deducting 50% of Rs.3,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.1,500/- per month and Rs.18,000/- per annum. By multiplying the annual dependency of Rs.18,000/- with the multiplier of 8, the compensation was worked out to Rs.1,44.000/-. By awarding furthersum ofRs.15,000/- under other heads, the Tribunal awarded a total sum of Rs.1,59,000/- as compensation to the claimants for the death of their son George Justin @ Chhotu in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,59,000/- .@ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Subhash Yadav, learned counsel for the, appellants submitted that the Tribunal has erred in awarding low compensation of Rs.1,59.000/- only though the appellants/ claimants were wholly dependent on their son deceased George Justin @ Chhotu. "•"-s^; :,^^ '"%, ^».'l"y^ o^" 7) Shri H.B. Agrawal, learned Senior Counsel with Smt. Meera Jaiswal, learned counsel for respondent No.3, United India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, contended that as appellant No.1 Kripanidhi was getting pension of Rs.3,500/- per month, the compensation of Rs.1,59,000/- 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/Tribunal should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation nor a bonanza. 9) Now, we shall examine as to whether the compensation of Rs.1,59,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) The claimants' son deceased George Justin @ Chhotu was aged about 25 years on the date of the accident. He wasworking as dnver at the relevant time. Though the claimants pleaded that their son George Justin @ Chhotu used to earn Rs.4,000/- per month, the Tribunal ^ssessed his income at Rs.3,000/- per month and Rs.36,000/- per annum. 11) The claimants are parents of deceased George Justin @ Chhotu. In view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation •t •.;A.'.U'~5». B '•^SS'VSi g \J^ 9^ V •if lir and another, reported in (2009) 6 SCC 121, it is only the mother of the deceased who would be dependent on the income of the deceased. As such, the Tribunal ought to have selected the multiplier on the basisof the age of the mother of the deceased. As claimant No.2 Smt. Puspa Bai, mother of the deceased was shown to be 60 years of age, the appropriate multiplier in the case would be 9 in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another (Supra), wherein multiplier of9 has been prescribed for the age group between 56 - 60 years. 12) By multiplying the annual dependency of Rs.18,000/- with the multiplier of 9, the compensation works out to Rs.1,62,000/-. By adding further sum of Rs.15,000/- awarded by the Tribunal under other heads, the claimants become entitled to receive a total sum of Rs.1,77,000/- as compensation for the death of their son George Justin @ Chhotu in the motor acddent. 13) The claimants are further awarded a sum of Rs.2,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.18,000/-. 14) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,59,000/- awarded by the Tribunal is enhanced to Rs.1,77,000/- with further quantified amount of interest of Rs.2,000/- on the enhanced amount of compensation of Rs.18,000/-. :^^ '•:", ^i. ^' .-<"" ^ Subbu 15) Respondent No.3 United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- (Rs.18,000/- towards enhanced amount of compensation + Rs.2,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.18,000/-) before the concerning Claims Tribunal. 16) No order as to costs. Sd/- Chief Justi>. \>" Sd/- N.K.Agarv/al Judge