HiGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHR! RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J AppelSants Clajmants i. Misc. Appeal (01 No. 414 of 2006 1. Smt. Tairun Bibi, agedabaut 21 .years, wife of late Irshad Ansari alias Mohammad Nisar. 2. Mohammad Jau! Haque Raza, aged about 2 years, son pf late Irshad Ansari alias Mohammad Nisar (Minor) through his natural guardian mother Smt. Tairun Bibi 3. Smt. SaJmu Bibi.aged about 42 years, wife of Mohammad Islam Ansari. 4. Mohammad istam Ansari, aged about 45 years, son of Mohammad Roshan Ansari. All residents of 39, Ghordiha Vishrampur, Postj Rahola, District Palamu, (Jharkhand) presently residing at Musatman Mohalla, Ratanpur, Tehsif Kota, Police Station Ratanpur, District Bilaspur (CG). Respondents Non-Appiicants VERSUS Aiamgiri Ansari, aged about 22 years, son of Rajjaq Ansari, resident of Unchidih, Police Station Gadhwa (Jharkhand), presently residing at Torba Naka, Bilaspur (CG). Laxman Makhija, son of Motoram Makhija, resident of Torba Naka, Bilaspur, Tahsit and District Bilaspur The Oriental tnsurance Co. Ltd., through Divisional Manager, DivisionaJ Officer, Opp. High Court, Tahsil & District Bilaspur (CG). : ; Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Maiay Kumar Bhaduri, counsel for the appellants. Shri Ravish Verma, counsel for respondent No.2. Shri Abhishek Sinha and Shri G.S. Patel, counsel for respondentNo.3. ORDER (10th March, 2011) The following order of the Court was passed by RajeevGupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the 10h Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 14.06.2006, passed "in Claim Case No.37/2005. 2) As against the compensation of Rs.14,65,000/-, ciaimed by the appellants/claimants, ynfortunate widow, minor son and parents of deceased Irshad Ansari by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 26.04.2005, the Tribunal awarded a total sum of Rs.2,69,000/- as compensation to the claimants along with interest @ 9% per annum from the date of the filing of the ciaim petition till the date of actuai payment. 3) The Tribunal on a close scrutiny of the entire evidence led beforeit held that deceased Irshad Ansari died on account of the injuries sustained by him in the motor accident on 26.04.2005; the accident occurred due torash and negligent drivjng ofthe driver of the offending vehicte Truck bearing registration ^•'y"^ 1 <^..; 1 ;^ fes ^ No.C.G.10-A/6937; asthe above offending vehicle Truck on the date of the accident was insured with the Oriental Insur^nce Company Limited, and the Insurance Company could not establish any breach 6f the policy conditions, the Insurance Company was liable to pay the 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..1,500/- per month and Rs.18,000/- per annum. By deducting 1/3rd of Rs.1.8,000/- towards the personal expenses of the deceased, the claimants' dependency was assessedat Rs.12,000/- per annum. By multiplying the annual dependency of Rs.12,000/- with the multipiier of 17, the cpmpensation was worked out to Rs.2,04,000/-. By awarding further sum of Rs.65,000/- under other heads, the Tnbunal awarded a total sum of Rs.2,69,000/- as compensation to the claimants for the death of deceased Irshad Ansari in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,69,000/- @ 9% perannum from the date of filing of the claim petition tiil the date ofactual payment. 6) Shri Malay Kumar Bhaduri, tearned counsel for the appellants submitted that the Tribunat has erredin assessing the income of the deceased at Rs.1,500/- per month only;and in awarding iow compensation of Rs.2,69,000/- only. .L-:.^"-"'. %& l^..^ y4^..^-. ^A'%. ^ ^%?£^^"^ :l':iilBillBS8iSIK i^ 7) Shri Abhishek Sinha and Shri G.S. Patel, learned counset for respondent No.3 the Oriental insurance Company Limited, on the other hand supported the award and contended that the compensation of Rs.2,69,000/- awarded by the Tribuna! is just and proper compensation in the facts and circumstances ofthe present case. 8) Shri Ravish Verma, learned counsel for respondent No.2, Laxman Makhija, the owner of the offending vehide Truck, also supported the award. 9) True, the claimants pleaded that deceased Irshad Ansariwas a driver by profession and used to earn Rs.3,500/- per month, the evidence led in that behalf was not of clinching nature. In fact, the owner of the Truck who was examined himself as NAW1 categorically stated that deceased Irshad Ansari was empioyed as heiper on the said Truck and was belng paid Rs.700/- per month as saiary and Rs.^0/- per day as daily ailowance. In this state of evidence, the Tribunal has rightly discarded the claimants' evidence about the income ofthe deceased. 10) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.1,500/- per month in the year 2005 is certainly on the lowerside and requires reconsideration. 11) Considering that deceased Irshad Ansari was aged about 27 years on the date of the accident and the evidence of NAW1 Laxman Makhijathat asum of Rs.700/-was being paid as monthly saiary to the deceased and a further sumof Rs.50/- per day was being paid as daiiy allowance, we propose to recompute the ^fss^^ ,<^':^t:,. '^ ^/.^. \i "j^.--^ —'^"" ^ s? compensation taking the income of the deceased at Rs.2,000/" per month and Rs.24,000/- per annum. 12) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expenses of the deceased, the ciaimants' dependency is assessed at Rs.16,000/- per annum. 13) The multiplier 6f 17 selected by the Tribunal considering that deceased Irshad Ansari was aged about 27 years is appropriate. 14) By multiplying the annuai dependency of Rs.16,000/- with the multiplier of 17,the compensation works outto Rs.2,72,000/-. By awarding further sum of Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow, the claimants become entitted to receive a total sum of Rs.2,87,000/- as compensation for the death of deceased Irshad Ansari in the motor accident. 15) The claimants are further-awarded a sum of Rs.2,000/- towards quantified ambunt of interest on the enhanced amount of compensation of Rs.18,000/-. 16) For the foregoing reasons, the appeal fiied by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,69,000/- awarded by the Tribunal is enhanced to Rs.2,87,000/- with further quantified amount of interest of Rs.2,000/- on the enhanced amount of compensation of Rs.18,000/-. 17) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- (Rs.18,000/- towards enhanced amount of .1: ^...•'^ 6. ^ padma compensation + Rs.2,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.18,000/-) before the concerning Ciaims Tribunal. 18) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge L^. ^^