^ § C r^ IN THB HON*BLE HIGH COURT OF CHHATTISGARH AT BILASPUR Misc. Appeal {C} No. cf ^ ^ /2009 ^. ir^ APPELLANTS ^9^ ....^^ ...•••••^"^^•" ^^^^ «^f.. RESPONDENTS 1) Thanwar Sahu S/o Late Dheeraji Sahu, aged about 40 years 2) Smt. Biijha Bai W/o Shri Thanwar Sahu, aged about 36 years, - 3) Lukeshwar Sahu S/o Thanwar Sahu aged about 12 years, 4) Ku. Rani Sahu D/o Thanwar Sahu, aged about 12 years, 5) Dileshwar Sahu S/o Thanwar Sahu aged about 07 years, Appellant no. 3 to 5 minor represented through natural guardian mother Smt. Birjha Bai, All R/o Kumhli, Thana - Ranchirai, District Durg (C.G.) {CLAJMANTS? VERSUS 1) > ^ 3). Chainan Lal Yadav S/o Shri Govind Ram Yadav, aged about 28 years, R/o Kumhlikala, Thana - Ranchirai, District Durg (C.G.) fDRIVEK Arvind Kumar S/o Shri Motilal Prasad, R/o S.C.L. Colony, Maroda, Bhilai, District Durg (C.G.) {OWNER? The National Insurance Company Limited, Through Divisional Manager, Divisional Office, Akashganga Complex, Supela, Bhilai, District Durg (C.G.) {INSUKER} MEMORANDUM OF APPEAL UNDER SECTION173 OF THE MOTOR VEHICLES ACT 1988 AS AMENDBD BY ACTOF-1994~ HIGH COURT OF CHHATTISGARH AT BILASPUR MISC^APPEAI^(Q No. 957 of 2009 APPELLANTS Thanwar Sahu and others. Versus RESPONDENTS Chaman Lal Yadav and others. SB:- Hon. Shri N.K. Agarwal, J PRESENT:- Shri Sachin Singh Rajput, Advocate for the appellants. Shri Raj Awasthy, Advocate for respondent No.3. None for respondents No. 1 8& 2. Heard. ORAL ORDER (18-7-2011) 2. This is claimants' appeal seeking enhancement in the amount of compensation awarded by the 1st Additional Motor Accidents Claims Tribunal, Durg (for short 'the learned Tribunal') in claim case No.37/2008. 3. As against Rs.40,23,200/- claimed as compensation by the appellants i.e. the unfortunate father, mother, brother and sisters of the deceased - Ku.Bharati Sahu by filing claim application under Section 166 ofthe Motor Vehicles Act, 1988 (henceforth 'the Act') for her death in the motor accident on 05.03.2008, the learned Tribunal has awarded a total sum of Rs.1,41,630/- along with interest at the rate of 6% per annum from the date of claim application till its actual payment. \ 1 (3) 4. The learned Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of respondent No.l i.e. driver of offending vehicle truck bearing registration C.G. ll/ZB/0520; respondent No.S/National Insurance Company liable for payment of compensation as the insurance company has failed to prove breach of policy conditions; assessed the income of the deceased as Rs.15000/- per annum; after deducting one-third of it towards personal and living expenses of the deceased, the claimants' dependency was worked out to Rs.10000/- per annum; by applying multiplier of 10, the amount of compensation on the head of loss dependency was assessed as Rs.1,00,000/-. By adding Rs.41,630/- on other heads including medical expenses, the learned Tribunal has thus awarded total sum of Rs. 1,41,630/- as compensation to the claimants for the death of Ku. Bharati Sahu. 5. Shri Sachin Singh Rajpur, learned counsel appearing for the appellants would submit: looking to the age and number of dependents and the age of the deceased Ku.Bharti Sahu as about 17 years at the time of accident, the learned Tribunal has erred in deducting one-third towards personal and living expenses of the deceased and in selecting multiplier of 10 only and thereby has fallen in error in awarding low amount of compensation. ^' . /'/^\ ' ?" t^.J l \^^/ ""^^- 6. On the other hand, Shri Raj Awasthy, learned counsel appearing for respondent No.3 would support the award and would submit: in the facts and circumstances of the case the compensation awarded by the learned Tribunal is just and proper conipensation and needs no interference. ^- 7. I have heard learned counsel for the parties and perused the award impugned including the record of the Tribunal. 8. The appellants No.l & 2 i.e. parents ofthe deceased are aged about 40 and 36 years. Deceased Ku. Bharti Sahu was eldest daughter in the family. Appellants No. 3 to 5 are also minor brother and sisters of the deceased and thus total dependents are 5 in number. Deceased Ku. Bharti Sahu has undergone treatment in the Bhilai Hospital for a period of about 8 days before her death. 9. In view of above, the learned Tribunal has certainly erred in deducting one-third of the income of deceased towards her personal and living expenses and in selecting multiplier of 10 only. 10. The compensation of Rs.1,41,630/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in my opinion, is (^) certainly on the lower side and deserves to be enhanced to some extent. 11. Considering all the relevant aspects of the matter, I am of the opinion that a further award of Rs.33,370/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,41,630/- awarded by the Tribunal just and proper compensation in the facts and circumstances ofthe present case. 12. The appeal filed by the appellants/claimants for enhancement of compensation is, therefore, allowed in part. The claimants are awarded a further award of Rs.33,370/- inclusive of interest component on the enhanced amount of compensation in addition to sum of Rs.1,41,630/- awarded by the Tribunal. 13. Respondent No.3 - National Insurance Company Limited is granted 3 months time for depositing total sum of Rs.33,370/- before the concerned Claims Tribunal. 14. No order as to costs. Sd/- N.K. Agrawal Judge