iiiGf 3W§$E{3N CQEQM: HFELE $HF§i RtlwEE GR Uf\hl3Dl E if GU'FTA, CJ‘ rum um. S§€R§ RANQ?w‘-‘JH I CH W3C Aanegi R Na333 0f 2%4 Rai'pur CG The Nationai l.Jmhea‘, ' ‘4- Branch Off: Mahaf, GE Road Raip .Eresent : Shri AL Singraul, caunsei far Shri Suresh Tandem counsef NM and 2. Shn Sanjay K Agrawa’ {he appei for respo U3§=F§RE H§Q§§E§i£m§i§f7i5<3§§§i§T ’33 A. RJ$RAK£RJ cs No.., 4 Mabm " Ul’ M§sceiianemés Anggaai ander $ec§icn 173 af Mamr ‘a’a " "‘ ‘ M IgCgé‘J-‘mt lants. i‘zdents i and Shri Sudee'p Agrawaé, caunSei for‘respo‘ndent No.3. insurance Companv Ea .‘aémants Aged Hemin abau€ bai VWd 24 of .ears, Bhoia Ram Occupa’zion Ya§av, Khapra House wife: Bhaw, .r/o Riapuf, Near Sai Tahsii‘ Saba & Mandir, Bistt Raipur(€:<s‘) 2 Sm: Shyam Ram Ya’dav, Aged Kunwar Bai Wd/o Kartik Panhna Kaéi’, Thana aboui’ 5 years, R/a Tahsf% & Dist: Raépur — Mandir Hasaurd, yEESU§ Lesnwdents Vinod‘ m Nan—aggl'zsaats aged Goswami, S/o Laiaban Goswami, aucui 24 years, R/c Mahamaya paya: Arang, Tahsii 8: Dist? — Raipuy CG 2 Goswami. Shivpur§ Goswami Slo Pawanpuré Goswami. aged absut 52 years, R/a Mahamaya para Arang: Tahsii GREER tcu aw»: , nvav; with IV $gm8mkgv by 0mm; The ‘foiiawinu' orde¥ of the Court was passed by Qajeev Gama. CJ. This is ciaimantsi appeal for enhansement of the cemnensation awax'ded by the Sixth Additionai Meter Acc§dent Ciaims Tfibunai, Raipui“ (far Shari ‘the TribunaV) Vide award dated 2G.G2.2OQ4, passed in Ciaim Case N0.12412(303. 2) As against the compensatien of 26TGGBODX- claimed by the aooei‘iants/ciaimants, unfortunate wie’ow and moiz'her of deceased Ehola Ram Yadav by fiiing a oiaim petiaon under Section 166 of the Motor Vehicles Act: for his death in the motor accident on ’ 28.64.2000. the Tribunal awarded a totai sum of Rs.4,79,752/— as oomoensation aiong wiih interest @ 6% per annum from the date of the fiiing of the ciaim petition tiil the date of actuai payment. 3') The Tribunai on a oiose scrutiny 0t“ the entire evidence ted before it heid that deceased Ehoia Ram Yadav died on account of the iniuries sustained icy him in the motor accident on 28.64.2669; the accident occurred due to rash and negligent driving of the offending vehicle Jeep bearing registration NolViP-23iT/‘1205; as the above oiiending vehicie Jeep‘é’n the date of the accident was insured With the Nationai insurance Company Limited and the insurance Company could not establish any breach of the policy conditions, the insurance Company was iiable to pay compensation of the claimants. / gA i I 4) As the respcndents have not med any appeai against tha award. the above findings recorded by the Tribunai have new attained finaiity. 5) The TribunaS assessed the income of the deceased at Re.3,283!— per month and Re.3§,3§6i— per annum. By deducting 4.13“ of Rs.39,396/- wwerrie the pearennai expenses ef the deceased: the claimants‘ dependency was assessed at Rs.26:264/- per annum. By muitiplying the annua} dependency of Fis26264f— wi‘ih ine mummier of 18, the compensa‘iien was worked out t0 Rs.4,72,752/—. By awardmg further sum of Rs.7,GOGI— under other heads. the Tribunal awarded a tote} sum of Rs.4,79.752/— as compensation to the oiaimanis for the death of deceased Bhoia Ram Yadav in the moter accident The ?ribunal further directed payment of éntereet on the above amount of compensation of Rs.4.?§.752/— (g) 6% oer annum from the date of the filing of the oiaim oetition titt the date of actuat pavment. 6) $hri AL Singraut, teamed counset for the appettante submitted that the Tribune] has erred in not assessing the income of the deceased at Rs.3,6$5i- per month as is shown in the eatery certificate of the deceased and tn assessing his income at a tower more at Rs.3.283/— oer month: and in awarding iow compensation of Rs.4,79.752/— oniv. 7) . Shri Saniay K Agrawai and Shri Sudeep ,iCgrawai, teamed counsei tor resoondent No.3 the Nationai insurance Company Limited, on the other hand submitted that the compensation of !A Rs.4,79,752/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of ihe present case. 8) Shri Sufesh Tendon, ieamed counsel for respondents No.1 and 2‘ ihe driver and owner of the Jeen atso suooorted the award. 9) rom F§ara No.1 7 of the award and the contents of the eaiary certificate of ihe deceased, EXP/i it is apparent that the gross monthiv saiarv of the deceased was Rs.3,685i-. The Tribunai, apparentiy, has faiien into error in assessing the income of the deceased at a reduced figure of Rs.3,283/- per month. We, therefore, assess the income of the deceased at Rs3£85l¥ per month. which is rounded oft to Rs.3.?ODf- oer month. The annuat salary of the deceased, therefore. is assessed at Rs.44.400/—. 1.0) RV deducting the usual 1/3” of Rs.44,4QQI— towards the persona! exoenses of the deceased, the ciaimantsi dependency is assessed at Rs.29,600l— oer annum. ‘11} Considering that deceased Bhoia Ram ‘Y‘adav was aged about 28 years, we are of the opinion, that’muitipiier of 17 wouid be approprrate in the present case in View of the recent dictum of the Aoex Court in the case of Saris. Verma {Stat} and others Versus imihi Transport Corporation and another reported in (29%) a S‘upreme Court $ases 12i, wherein rnuitipiier of i7 has been prescribed for the age group between 26-30 years. 12) By muttipiying the annuai dependency of Rs.2§,60fJ/- with the muitipiier of 1'7. the compensation works out to Rs.5,G3,2GGI—. The claimants are further entitled to receive RSSEGOJ— towards funerai expenses: Rs.5.0GG/‘- for ices of estate; and Rs5,00€i!~ for loss of «um A "J k @ con$ortium to the Widow. The ciaimants, thus, become entitQed to receive a tetai sum of Rs.5,18,2OG/- as compensation for the death cf deceased Eho§a Ram Yadav in the meter acczdent. 13) Learned couesei for the parties submitted that with a View to avoid any oossibte disoute between the parties about the peried f0? which the otaimants are emitted to receive interest on theenhansed amount of compensation, the amount of intetest on the enhanced amount of oompeneat’ion may be quantified; in this appeai itsetf. 14) Considering ail the reievant asgoeots of the mattet inoiuding the delay in disoosai of the oiaim petition end the present appeai, and the fact that the insutance Comoany aione is not to be blamed for the entire deiay in the matter, we quantify the amount of interest on the enhanced amount of comoensation of Rs.38,448/- at Rs.3.552I—. 16) For the foregoing reasons, the appeai filed by the apoetiants/ oiaimante torenhanoement of the compensation is aiiowed in part. The compensation of Rs.4,7§,752f-' awarded by the Tribunai is enhanced to R531 8.20% with further quantified amount of interest of Rs.3.552/— on the enhanced amount of compensation of Rs.38.448l—. 16) Respondent No.3 the Nationai insurance Company Limited is granted three months? time for depositing the totai sum of ' i Rs.42,GGG/- (Rs.381448/— towards enhanced amount oi oomoensation + Rs.3,552/‘—‘ towards quantified amount of interest on the e the concerning Claims Tribunai. 1 7;)‘M NO order as to costs. , X Sd/— r Chief Justice "\‘‘‘‘‘‘.‘‘ Sd/- RN. Chandraka Judge nhanced amount of’compensaiiQn of Rs.38,448I-) before f,