/^. \^ HIGH COURT OF CHHATnSGARH AT BILASPUR DnnSJONBENCH CORAM: HON'BLESHRIRAJEEV@Uy»TA,G.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellants Claimants (( ( MiscAppeal 1 No. 1281 012008 1 Smt Neelam, Ag®40 yeare, Widow of Late Brajesh Sharma 2 Ku Apama, Age 21 years, d/o Lake Brajesh Sharma 3 Ku Archana, Age 20 years, d/o Late Brajesh Sharma 4 Manish Sharma, Age 18 years, afo Late Brajesh Sharma 5 Praveen Sharma, Age 17 years, s/o Late Brajesh Sharma 6 Smt Annadevi, Age 78 years, W/o Late Annant Sharma Appellant No.OS is minor son of the deceased & is being represented by appellant No.04, under the authorization All the above are R/o vlNage ©uljana. PS Tikari, Tahsil : Titetri. Distt Gaya (Bihar) Respondents Non-applicants VERSUS Rohit KumarYadav, S/o CRYadav, R/o Village - Temar, Tahsil Sakti, Distt Janjgir- Champa (CG) (Driver of TrucRNo.CG 11 ZB-0481) Gajanand Agrawal, S/o Gopal Rai. Agrawal, R/o Village -Naila, Gan<ftit Chowk, Distt Janjgir ~ Champa (©G) (Driver of Truck Nb.CG 1 1 ZB-0491) The National Insurance Company through Branch Manager, Branch Office Korba, Tahsil & Distt Korba (CG) !1~- -^i "V (Ins Com of Truck No.C©11 ZB-0491) 4 The United Indla Insurance Comi^iny Limited, Through Branch - Manager, BO at Raigarh Dlstt Raigarh (CG) (Ins Com of Hero-Honda Passion Motor Cycle) Miscellaneous Appeal under Section 173 @f MotorVehlclesAct Present : Shri JA Lohani, counsel for the appellants. Shri SC Verma.counsel for respondent No.3. Shri Dasarath Gupta, counsel for respondent No.4. ORDER (01st July. 2011) The following order of the Court was passed by Rajeev Gupta, CJ. This is claimants' appeal for enhanGement of the compensation awarcted by the Additional Motor Accldent Claims Tribunal, Sakti, district Janjgir-Champa (for short 'tfie Trtbunal') vide award dated 17.11 .2007, passed in Claim Case No.4/2007. 2) As against the compensation of Rs.24,19.000/-, claimed by theappellants/datmants, unfortunate widow, children aml mother oS deceased Brajesh Sharma, by flllng a claim petition under Section 166 of the Motor Vehicl^ Act, for his cteath tn the motor aeeident on 26.10.2006, the Tribunat awarded a total sum of Rs.1,87.000/- as compensation atong with interest @ 6% per annum frora ttie date of filing of the claim petition tin the date of actual payment. 3) The Tribunal on a close scrutir^ of the entire evidence led before it held that deceased Brajesh Sharma died on acGount of the injuries sustained by him in the motor accident on 26.10.2€X)6; r^J $u the accident occurred dueto rash and negllgentdrivlng ofttie driver of the offending vehtete Truck bearing registration No.CX3"11 ZB/0491; as the above offending vehtele Truok on the date of the accident, was insured with the National Insuranc® Cwnpany Limited, and the Insurance Company could not establish any breach of the poltey condltions, the Insurance Company was tiable to pay compensation to the clalmants. 4) As the respondents have oot flled any appesd against the award, the above findings recorded by the Tribunal ha\®now attained finaltty. 5) The Tribunat assessed the income ot the deceasect at Rs.15,000/- per annum.on the basis of the notional InGome prescribed In the Second Schedule under Sectlon 163-A of the Motor Vehfotes Act. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the cjaimartfs' €lependency was assessed at Rs.10,000/- per annum. By muttiplylng the annual dependency of Rs.10,000/- with the multtplier of 13, the compensation was worked out to Rs.1,30,000/-. ^ awarding further sum of Rs.37,000/- under other heacte, ttie Trtbunal awarded a total sum of Rs.1,67,000/-a8 compensation to the daimants for the death of deceased Brajesh Sharma in the mrtor accident. The Tribunal further directed paymentof interest on the above amount of compensation of Rs.1,67,000/- @ 6% per anniffn from the date of fillng of the clalm petttion till the date of aotual payment ..;^,,^:;- ""^ / .-^i y;^ "% 6) Shri JA Lohanj, leamed counset for the appeBants submitted that the Tribunal has erred in not accepting the clatmants' wtdenee about the income for the deceased and in ass^sing hte (nG®meat Rs.15,000/- per annum only; In deducting 1/3rd ofthe income ofthe deceased towards his personal expenses; in seleoting the lower multiplierof 13; and in awarding low compensation @f Rs.1,67,000/- only. 7) Shti SC Verma, leamed counsel for respondent No.3. the National Insurance Company Limited, the insurer of ttie offending vehicle Truck on the other hand supported the award and contended that the compensation of Rs.1,67.000/- awarded by the Tribunal is Just and proper compensation in the facts and circumstances of the present case. 8) Shri Dasarath Gupta, leamed counsel for r^ponclent No.4, the United India Insurance Company, the insurer ofthe motOFcycle of the deceased also supported the award. 9) True, the claimants pleaded that deceased Brajesh Sharma used to earn Rs.7,000/- per month by woricing as MsNig^er in a Foreign Liquor Shop. no cogent and reUable evidenee was led before the Tribunal for establishtng the above occupatton of the deceased and his income to the extent of Rs.7,000/- per fnonfi. For the reasons best known to the claimfi»its,the employer of the deceased i.e.the Proprietpr of the Foreign Llquor Shop was not examined before the Trlbunal to establish thaft t»e(leceased was working in his shop as Manager ar»dwas being paid RsJ,0©0/-per month as salary. In this state of evidence, we do not find any fault in the approach ofthe tribunal in discarding the ctaimants' evidence about the income of the deoeased. 10) Nevertheless, the income of the deceas^d assessed by the Tribunal at Rs.15,000/- per annum in the year 2006 is certainly on the lower sideand requires reconsideration. 11) Considering that deceased Brajesh Sharma was aged about 50 years on the date of the accident, we are of the oplnton that, he could have easily eamed Rs.70-75/- per day even by workir^ asan unskilled labour in the year 2006. We therefore, propose to re-compute the compensation taking the income of the deceasedat Rs.2,000/- per month and Rs.24,000/- per annum. 12) Considering that there were as niany as sb( dependents on the income of the deceased, we are of the opinion, that deductton of 1/4 of the income of the deceased towards hts personal expenses would be appropriate in the present case. 13) By deducting 1/4th of Rs.24,000/- towards the personal expenses ofthe deceased, the claimants' dependency Is assessed at Rs.18,000/- per annum. 14) The multiplier of 13 selected by the Tribunal Gonsidering the age ofthe deceased, his widow, children and mother isappropriate in the present case. 15) By multiplying the annual dependency of Rs.18,000/- wlth the multiplier of 13, the compensation works out to Rs.2,34,000/". The p- 6 ^ clalmants are further entttled to rec^ve Rs.8,000/- towgn'ds ftineral expenses; Rs.5,000/- for consortium to the widow; and Rs.S,©00/- for loss of estate. The daimants, ttius, beeome entitted to receive a total sum of Rs.2,49,000/- as compensatton for the death of deceased Brajesh Sharma in the motor acddent. 16) Learned counsel for the parties submltted that wtth a view to avoid any possible dispute between the parties about the period fbr whteh the claimants are entltled to receive interest on the enhaneed amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in ftiisappeal Steelt 17) Consldering all the relevant aspects of the matter iricluding the delay in disposal of the claim petition and the present appeal and the fact that the Insurance Company alone is not to be tolamed for the entire delay in the matter, we quartify the amount of inlerest on the enhanced amount of compensation of R6.82,0©0/- at Rs.8,000/-. . 18) For the foregoing reasons. the appeat filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,67,©00/-awarded by the Tribunat is enhanced to Rs.2,49,000/- v^th further quantifled amount of interest of Rs.8,000/- on the enhanced amount of compensation of Rs.82,000/-. 19) Respondent No.3 the Nationat Insuranoe Coinpaiiy Limited is granted three months' time for depositlng the total sum of Rs.90,000/- (Rs.82,000/- toward® enhanced ameunt of compensation + Rs.8,000/- towards quantified amour^ of interest on the enhanced amount of compensation of Rs.82,000/-) befope the conceming Claims Tribunal. 20) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge w Padma 'm