Eii-lu SS^! HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants Respondents Misc. Appeal (0 No.633 of 2006 1 Smt Roopa Dhruwanshi Widow of late Onkar Dhruwanshi, aged about 32 years 2 S Kumar, son of late Shri Onkar Dhruwanshi, aged about 17 years 3 Yaswant Kumar, son of late Shri Onkar Dhruwanshi, aged about 9 years 4 Ku Dameshwari, d/o late Shri Onkar Dhruwanshi, aged about 7 years 5 Dev Kunwar, wife of late Shri Preetam Singh Dhruwanshi, aged about 60 years The appellant No.2 to 4 are minors, through their natural guardian mother Smt Roopa Dhruwanshi and all residents of village Chorbhatthi, Post Bagod, Police Station and Tahsil Kurud, District Dhamtari (CG) VERSUS 1 Girwar Sinha son pf Shri Sjyaram Sinha, resident of Station Para Ward Dhamtari, Tahsil and District Dhamtari 2 Shekh Iqbal, son of Shekh Burhan, resident of Risalpara Ward Dhamtari, Tahsil andSistrict Dhamtari (CG) 3 The Oriental Insurance Company Limited, t'hrough: the Branch Manager, Branch Office Dhamtari (CG) Miscellaneous Appeal under Section 173of Motor Vehicles Act /^^^ r€»2\ "s-sssssi. f „ I ]s v:"&^sa"y MAC.No. 633 of 2006 Present : Shri PPSahu and Shri SP Sahu, counsel forthe appellants. Shri AK Athaley, counsel for respondent No.3. ORDER (23rd September,2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 30.10.2006, passed in Claim Case No.161/2006. 2) As against the compensation of Rs.9,30,000/- claimed by the appellants/claimants, unfortunate widow, minor children and mother of deceased Onkar Dhruwanshi by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 13.06.2006, the Tribunal awarded a total sum of Rs.1,50.000/- 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 the Oriental Insurance Company Limited, the insurer of the offending vehicle Jeep bearing. registration No. CG 05- ZA/2080 liable to pay the compensation to the claimants. 4) As the insurer of the above offending vehicle Jeep has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. MAC.No. 633 of 2006 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum on the basis of notional income prescribed in the Second Schedule under Section 163-A ofthe Motor Vehicles Act. By deducting1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 10.000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 13, the compensation was worked out to Rs.1,30,000/-. By awarding further sum of Rs.20,000/- under other heads, the Tribunal awarded a total sum of Rs.1,50,000/- as compensation to the claimants for the death of deceased Onkar Dhruwanshi in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,50,000/- @ 6% per annum from the date of the filing of the claim petition till the date of actual payment. 6) Shri P.P. Sahu and Shri S.P. Sahu, learned counsel for the appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs.15,000/- per annum only; and in awarding low compensation of Rs.1,50,000/- only. 7) Shri A.K. Athaley, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle Jeep on the other hand supported the award and contended that as the claimants could not establish any definite and regular income of the deceased, the compensation of Rs.1,50,000/-, awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe case. M.A.C.NO. 633 of 2006 8) In a motor accident claim case what is important is that the compensation to be awarded by the Courts / Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a bonanza. 9) Now, we shall examine as to whether the compensation of Rs.1,50,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) As the evidence led by the claimants before the Tribunal about the income of the deceased was not found reliable by the Tribunal, the income of the deceased was assessed by the Tribunal on its own estimate at Rs.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. 11) In our considered opinion, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2006 is certainly on the lower side and requires reconsideration. 12) Considering that deceased Onkar Dhruwanshi was aged about 50 years on the date of the accident, we are of the opinion that he could have easily earned Rs.70-75/- per day even by working as an unskiiled labour in the year 2006. We therefore, propose to re-compute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 13) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expensesof the deceased, the claimants' dependency is assessed at Rs.16,000/- per annum. f£ '^Si^u^S^ M.A.C.No. 633 of 2006 14) The multiplier of 13 selected by the Tribunal considering that deceased Onkar Dhruwanshi was aged about 50 years is appropriate in view of 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 wherein multiplier of 13 has been prescribed for the age group between 46-50 years. 15) By multiplying the annual dependency of Rs.16,000/- with the multiplier of 13, the compensation works out to Rs.2,08,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards loss of consortium to the widow; and Rs.5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.2,23,000/- as compensation for the death of deceased Onkar Dhruwanshi in the motor accident. 16) The claimants are awarded further sum of Rs.7,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.73,000/-. 17) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed.in part. The compensation of Rs.1,50,000/- awarded by the Tribunal is enhanced to Rs.2,23,000/- with further quantified amount of interest of Rs.7,000/- on the enhanced amount of compensation of Rs.73,000/-. 18) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.80,000/- (Rs.73,000/- towards enhanced amount of r '1'"-%.- s£i ^ f' ,€ ~<» '^ M.A.C.No. 633 of 2006 c^ subbu compensation + Rs.7,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.73,000/-) before the concerning Claims Tribunal. 19) No order as to costs. —-—~^-- ~-1*-— \ '^vS^ .1 Sd/- Chief Justice Sd/- N.K. Agrawa! Judge