j,..;1;iE^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR J. Appellants Respondents Misc. ADpeal No. 83 of 2004 1. Anil Kumar Das S/o late Triveni Das, aged about 11 years, Minor student through : Natural Guardian (Grand Father) Shri Ramdas s/o Shri Garib Das. 2. Ramdas S/o late Shri Garib Das, aged . about 65 years. 3. Ramkali Devi W/o Shri Ramdas (All are dependant of d«»asedTrlveni Das), resMent of village Jhumarpara, Tah. Ambikapur, Distt. Surguja (C.G.) Versys 1. Dhanja Ram Agrawal, S/o Ganga Sahay, aged about 65 years, residentl of tashmiri Gate, Patthalgaon, Distt. Jashpur Nagar, C.G. (Owner of Vehicle) 2. Anil Kumar Kujur S/o Josef Kujur, aged about 33 yeare, R/o Aamakpni, P.S. Patthalgaon, distt. Jashpur Nagar, Permanent resident of village Sitapur, Distt. Surguja(C.G.) (Driver ofVehicle) 3. The United India Insurance Co. Ltd. through Branch Manager, near Tempte of Ram, Ambikapur, Distt. Surguja (Insurer) Miscellaneous appeat under Section 173ofthe lyiotor Vehiclies^^tet l.iiiiiii^Lii.^l Present: Shri Rahul Mlshra,leamed counsel for the appellants. None for respondents No. 1 & 2 though served.| Shri H.B. Agrawal, learned Senior Counsel with Shri Pankaj Agrawai, learned counse! for respondent No.3. O RD E R (30th August, 2610) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeat for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Ambikapur, district Sarguja (for short the Tribunal') vide award dated 30.09.2003, passed in claim case No.02/2003. 2) As against the compensation of Rs.27,45,000/- ctaimed by the appetlants/ ctaimants, unfortunate son, father and mother of deceased Smt. Triveni Das by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 02.12.2001, the Tribunal awarded a totat sum of Rs.4,85,000/- as compensation along with interest @ 9% 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 ted before it held that deceased Smt. Triveni Das died on account of the injuries sustained by her in the motor accldent on 02.12.2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No. MP- 26D/1725 and the motorcyclist of the Motorcycle on which the deceased was travelling as pillion-rider also eontributed to the extent of 25% by carrying as many as three persons on the motorcycle; as the offendjng vehicle Truck on the date of the accident was insured with the United India Insurance Company Limited, the Insurance Company was liable to pay 75% of the compensation assessed. 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.4,652/- per month. By deducting 1/3rd of Rs.4,652/- towards her personat expenses, the clalmants' dependeney was assessed at Rs.3,100/- per month and Rs.37,200/- per annum. By multiplying the annual dependency of Rs.37,200/- with the multipiier of 17, the compensation was worked out to Rs.6,33,^)0/-. As the liability of the insurer of the offending vehicte Truck was held to be to the extent of 75%, the amount payable by the said Insurance Company was determined at Rs.4,75,000/-. By awarding further sum of Rs.10,000/- towards funeral expenses, a totat sum of Rs.4,85,000/- was directed to be paid bythe United India Insurance Company Limited, the insurer of the offending vehicle Truck, to the claimants as compensation for the death of deceased Smt. Triveni Das in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.4,85,000/- @ 9% per annum from 4 the date of filing of the claim petition till the date of actual payment. 6) Shri Rahul Mishra, tearned counsel for the appellants confined his submission to non-grant of any sum by the Tribunal towards toss of estate. 7) Shri H.B. Agrawal, learned Senior Counsel with Shri Pankaj Agrawal, learned counset for respondent No.3 the United India Insurance Company Limited could not dispute that the Tribunal has not awarded any sum towards loss of estate. 8) The Tribunal certainly has failen into error in not awarding any sum towards toss of estate. In our opinion, a lumpsum of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation under the head of loss of estate would be just and proper. 9) So far as the assessment of the compensation by the Tribunal at Rs.4,85,000/- payable by the insurer of the Truck is concemed, we are satisfied that the same does not suffer from any jnfirmity except that the Tribunat has not awarded any sum towards loss of estate. 10) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is atlowed in part. The claimants are awarded further sum of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation (towards loss of estate), in addition to the sum of Rs.4,85,000/- awarded by the Tribunal. 't 11) Respondent No.3 The United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before the concerninQ Claims Tribunal. 12) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu iltel