IGH COURT OF CHHATTlSGARi-i AT BILASPUR DIVISION BENCH CORAIVI: HON’BLE SHRI RAJEEV GUPTA, C.J. HGN’BLE $HRI $UNI KUMAR slNHA, .L MA No.87? of 2§02 $mtMadhuri @_ Madhu Bai, Wdio Laté Wishna Kumar‘ Sahu, aged about 3G years Ku Kasturi. D/o Late Krishna Kumar Sahu, aged about 15 years Ku Soni. Dio LateKrishna Kumar $ahu. aged abcut 12 years Ku Priti. D/o late Krishna Kumar Sahu, aged about 9 years Ku Shashi Dio late Krishn Kumar Sahu; aged about 6 years Ku Durga, D/o late Krishna Kumar Sana, aged about 2 years App No.2 to 6 minor, through Naturai Guardian & mother App No.1 $mt Madhuri @ Madhu Bai, Wd/o late Krishrt Kumar 8ahu Smt Shyam Bai, Wd/o late. Jagdish Ram, aged about 62 years All resident of Village Bhakhara Teh Kurud, Diett Dhamtari (CG) Appeilants laimants ' VER$US Laxman Prasad Sahu, Slo Ajit Sahu, 22 years, R/o Vitl Gadadih, Teh Kurud, Distt Dhamtari (CG) Anil Kumar Jain, S/o Tara Chand Jain, 32 years, Rio Vill Pachpedi, Teh Kurud Distt Dhamtari (CG) The New India insurance Co Ltd, in front of Project Automobile GE Road, Bhiiai, Distt Durg'(‘Ch attisgarh) Respondent’s (Non Applicants) H C a a Miscelianeous Apneal under Section 173 of Mater VehECEe Act Present :x $hri Vikash Shrivastava, counsei forthe‘ appeliants. None fer {espondent N62 though served. Shri Shreekumar Agrawai, Senior Advocate with Shri Anand Gupta, counsei far respandent N033. ORbER (19m August, 201a) The foliowing order of the Court was passed by Rajeev Gupta, C.’J. This is claimants; appea! for enhancement of the compensation awarded by the Additional Motor Accident Ciaims’ Tribunai, Dhamtari (for short ‘the Tribunai’) vide award dated 30.10.2002, passed in Claim Case No.173/2002. 2) As against the compensation of 18,20,000i- claimed by the appenants/‘claimants, unfortunate widow, minor daughters and mother of deceased Krishna Kumar Sahu by filing a ciaim petition under Section 166 of the Motor Vehicies Act, for his death in the motor accident on 11.04.2000: the Tribunal awarded a total sum of Rs.3:96,64'0/- as compensation along with interest @ 8.5% per annum from the date of the tiling of the claim petition till the date of actual payment. 3) The Tribunal onv a close scrutiny of the entire evidence led before it held that deceased Krishna Kumar Sahu died on account of the injuries sustained by him in the motor accident on 11.04.2000; the accident occurred due to rash and negligent driving of the driver of the offending vehicle MetadoriMini-truck bearing registration No.MP-23 DI2258; as the fact of insurance of u * was assessed at Rs.3,222f- per month and Rs.38,664i— per annum. the offending vehicie Metador/Minitruck by respondent No 3 the New india insurance Company Limited could not be established, the Insurance Company was not liabie to pay compensation to the claimants and the entire Iiabiiity in that behaif was that of the owner and driver of the offendind vehicle. 4) The Tribunal assessed the income of the deceased at Rs.4,122/'— per month. By deducting Rs.900/- towards the personal expenses of the deceased, the claimants’ dependency l ‘ By multiplying the annual dependency of Rs.38,664l— with the multiplier of_ 10, the compensation was worked out to Rs.3,86,640l—. By awarding further sum of Rs.10,000/— under other heads, the Tribunal awarded a total sum of Rs.3,96,640!-'as compensation to i the Claimants. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,96,640/— @ 8.5% per annum from the date of the filing of the claim petition till the date of actUal payment. 5) As the fact of insurance of the offending vehicle on the date of accident was not established, the owner and driver cf the offending vehicle Metador/Minitruck were held liable by the Tribunal to pay compensation to the claimants. 6) Shri Vikash Shrivastave, learned counsel for the appeiiants submitted that the Tribunal has erred in exonerating the insurance Company from its liability to pay compensation to the claimants; in selecting the lower multiplier of 1U; and in awarding low compensation of Rs.3,96,640l4 only. {3* @ 7) Shri Shreekumar Agrawai, Iearned Senior Counsel for respondent No.3 the New india Insurance Company Limited on the other hand supported the award and contended‘that as the fact of insurance of the offending vehicie with the New lndia insurance i Company Limited on the date of the accident was not proved by the ciaimants and owner 'of the vehicie, the insurance Company has been rightly exonerated by the Tribunal. 8) So far as the finding'recorded by the Tribunal leading to the ‘e3(oneration of the New India lnsurance Company Limited from its liability to pay compensation is concerned, a bare perusal of the photocopy 0t the insurance Policy which is avaiiable in the record reveals that the insurance Policy was valid from 12.04.2006 to 11.04.2001 and it was issued on 13.04.2000. The Certificate (ExDl’l) dated 28.04.2000 certifying that the above insurance Policy was tor the offending vehicle and was valid for the period 02.04.2000 to 01 04.2001 cannot be believed in preference to the contents of the Policy itself. We, therefore, do not find any fault in the finding recorded by the Tribunal that the offending vehicle on the date of the accident was not insured with the New 'lndia insurance Company Limited. The insurance Company, therefore, in our opinion, has been rightly exonerated bythe Tribunal from its liability to pay compensation to the claimants. 9) The claimants cannot have any legitimate grievance in regard to the assessment of the income of the deceased as they themselves produced his salary certificate which established his income to the extent of Rs.4,122/— per month. a ? i i ‘amf ...’ ?/§ 10) By deducting the usual 1!3'°‘ of Rs.4,129— towards the, personal expenses of the deceased, the ciaimants' dependency is assessed at Rs.2,800/- per month and Rs.33,600/— per annum. 11) The multiplier of 10 selected by the Tribunal considering that deceased Krishna Kurnar Sahu was aged about 38-39 years is certainly on the lower side. The multiplier of 15 would be appropriate in the present case in view of the recent dictum of the Apex Court in the case of Sarla Verma (Smt) and others Versus ‘D‘elhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, wherein multiplier of 15 has been prescribed for the age group between 36-40 years. 12) By multiplying the annual dependency of Rs.33,600/— with the multiplier of 15, the compensaticn works out to Rs.5,Q4,DOO/-. The claimants are further entitled to receive Rs.5,DDO/— towards funeral expenses; Rs.5,00D/- for loss of estate; and Rs.5,000/— for loss of consortium to the widow The claimants, thus, become entitled to receive a total sum of Rs.5,19,000/- as compensation for the death of deceased Krishna Kumar Sahu in the motor accident. 13) The claimants shall be further entitled to get interest @ 6% per annum on the enhanced amount of compensation of RS1 ,22,360/—. 14) The appeal filed by the claimants for enhancement of the compensation,therefore, is allowed in part. While upholding the . exoneration of respondent No.3 the New lndia lnsurance Company from its liability to pay compensation to the claimants, the compensation of Rs.3,96,640l— awarded by the Tribunal is enhanced to Rs.5,19,000/-. The Hability to pay compensation as held by the Tribunal would be that of the owner and driver of the offending vehicie Metador/Minitruck. The claimants are further entitled to get interest on the enhanced amount of compensation of Rs.1‘ ,22,360/- @ 6% per annum. 15) No order as to costs. J :f Sdl- Sinhag t i sd/_ CHIEF JUSTICE ’ ‘ Sunil Kumar Judge l