./^' IN THE HI6H COURT OF JUDICATURE AT BILASPUR (C.6.) MISC. APPEAL fC) N0. 2-^ I OF 2011 APPELLANTS : 1. Smt. Rekha Bai Wd/o. Late Shri Tekram CLAIMANTS Sahu, aged about 32 years, 2. AAonika Sahu D/o. Late Shri Tekram Sahu, aged about 11 years, /) 7^/?^ /J? /, //V rl" ^••,gi"' X-S~ //y^~ 3. RukhmaniSahu D/o. LateShri Tekram Sahu, aged about 08 years, 4. Harsh Kumar Sahu S/o. Late Shri Tekram Sahu, aged about 04 years, 5. Chain Singh Sahu S/o. Late Shri - Balak Ram Sahu, aged about 75 years. 6. Smt. Bunda Bai W/o. Chain Singh Sahu, aged about 70 Years. ^ Appellant no.2 to 4 are Minor through Natural Gaurdian Mother , Smt. Rekha Bai Wd/o. Late Shri Tekram Sahu, aged about 32 years All are residence of Village - Limtara, Post - Sambalpur, Tahsil and Distt.- Dhamtari (C.6.) VERSUS RESPONbENTS. 1. Satam Singh S/o.^fpa^Singh Rajpoot, aged about 44 years, R/o. Rampur Ward Dhamtari, Distt.- Dhamtari (C.,6.) A 2. Rajkumar Tandan S/o. Panchram Tandan, aged about 45 years, R/o. Indira Nagar Dallirajahra, Distt.- Durg (C.6.) 3. Branch Manager, The New India Insurance Company Ltd. Kachahari Chowk, Mobin Mahal, Jail Road Raipur, Bistt.- Raipur (C.&.) MEMO RANDUM OF MISC APPEAL UNDERSECTtON 173 OF MOTOR VEHICLES ACT 1-v HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J \' r ' 11 Appellants Claimants Respondents Misc. Appeal (C) No.241 of 2011 1 Smt Rekha Bai, Wd/o Late Shri Tekram Sahu, aged about 32 years 2 Monika Sahu, d/o Late Shri Tekram Sahu, aged about 11 years 3 Rukhmani Sahu, d/o Late Shri Tekram Sahu, aged about 08 years 4 Harsh Kumar Sahu, s/o Late Shri Tekram Sahu, aged about 04 years 5 Chain Singh Sahu,s/o Late Shri Balak Ram Sahu, aged about 75 years 6 Smt Bunda Bai, w/o Chain Singh Sahu, aged about 70 years Appellant No.2 to 4 are Minors through natural guardian mother Smt Rekha Bai, Wd/o Late Shri Tekram Sahu,aged about 32 years All are residents of village - Limtara, Post -- Sambalpur, Tahsil and Distt Dhamtari (CG) VERSUS 1 Satam Singh, s/o Agraj Singh Rajpoot, aged about 44 years, r/o Rampur Ward Dhamtari, Distt Dhamtari, CG 2 Rajkumar Tandan,s/o Panchram Tandan, aged about 45 years, r/o Indira Nagar, Dallirajahra, Distt Durg CG 3 Branch l\/lanager, the New India Insurance Company Ltd., Kachahari M.A.C.No.241 of 2011 ^ c -/< Chowk, Mobin Mahal, Jail Road, Raipur, Distt Raipur (CG) Mlscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Sunil Sahuand Shri Wasim Miya, counsel forthe appellants. Shri Sourabh Sharma, counsel for respondent No.3. ORDER ISt (21s'0ctober,2011) The following order of the Court Was passed by Rajeev Gupta, C.J. This is cfaimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 04.12.2010, passed in ClaimCase No.41/2010. 2) As against the compensation of Rs.19,75,000 /- claimed by the appellants/claimants, unfortunate widow, minor children and parents of deceased TekramSahu by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 31.12.2008, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation -along with interest @ 6% per annum from the date of filing of the 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 Tekram Sahu died on account ofthe injuries sustained by him in the motor accident on 31.12.2008; the I.A.C. No.241 of 2011 accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No. CG 08 - ZD / 5347; as the above offending vehicle Jeep on the date of the accident was insured with the New India Insurance Company Limited, and the Insurance Company could not establish any breach ofthe policy conditions, the In&urance Companywas liable to 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.100/- per day and Rs.3,000/- per month. By deducting 1/3rd of Rs.3,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.2,000/- per month and Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 12, the compensation was worked out to Rs.2,88,000/-. By awarding further sum of Rs.4,000/- under otherheads, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation to the claimants for the death of deceased Tekram Sahu in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,92,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Sunil Sahu and Shri Wasim Miya, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs.100/- per day and ^ .^•.SEiis ^4^ fc^ M.A.C.No.241 of 2011 ?M Rs.3,000/- per month and the claimants' dependency at Rs.2,000/- per month and Rs.24,000/- per annum, it has erred in selecting the lower multiplier of 12 and in awarding only Rs.4,000/- under other heads. 7) Shri Sourabh Sharma, learned counsel for respondent No.3 the New India Insurance Company, Limited, the insurer of the offending vehicle Jeep, on tbe other hand, supported the award and contended that as the claimants could not establish any regular and definite income of the deceased, the compensation of Rs.2,92,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstancesof the case. 8) As learned counsel for the appellants have not challenged the assessment of the income of the deceased by the Tribunal at Rs.100/- per day and Rs.3,000/- per month and the claimants' dependency at Rs.2,000/- per month and Rs.24,000/- per annum, we have not examined these aspects of the matter. 9) The Tribunal has assessed the compensation of Rs.2,92,000/- by selecting the multiplier of 12. Deceased Tekram Sahu was shown to be 35 years of age in the claim petition as well as in his postmortem report. The dictum of the Apex Court in the case of Sarla Verma (Smt) and- others Versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, prescribes multiplier of 16 for the age group between 31-35 years. The Tribunal, in our opinion, ought to have selected the multiplierof16. yitTS^ //a^ "%. |>. vaesc^j/ '%, <t»^/ A.C. No.241 of 2011 ^'^ f 10) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 16, the compensationworks out to Rs.3,84,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards loss of Consortium to the wife; and Rs.5,000/- for loss ofestate. The claimants, thus, become entitled to receive a total sum of Rs.3,99,000/- as compensation for the death of deceased Tekram Satiu in the motor accident. 11) Learned counsel 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, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself. 12) Considering all the relevant aspectsofthe matter, including the delay in disposal of the claim petition and the present appeal and the fact that the Insurance Company alone 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.1,07,000/- atRs.13,000/-. 13) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,92,000/- awarded by the Tribunal is enhanced to Rs.3,99,000/- with further quantified amount of interest of Rs.13,000/- on the enhanced amount of compensation of Rs.1,07,000/-. 14) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total bfrf- padma 6 M.A.C. No.241 of 2011 ei!p sum of Rs.1,20,000/- (Rupees one lakh twenty thousand only) (Rs.1,07,000/- towards enhanced amount of compensation + Rs.13,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.1,07,000/-).before the concerning Claims Tribunal. 15) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge