. \\ HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANTS RESPONDENTS M.A.(ClNo.1626 of 2008 Smt. Shivbati Sabar and others VERSUS Hema Sahu and others. a> ORDER FOR CONSIDERATION \^ .7.2011 Sd/- N. K. Agarwal Judge HQN^BLE SHRI JUSTICE RAJEEV GUPTA ^i A-^ye-^r_ Sd/- Chief Justice For Pronouncement of Order ^€>.07.2011 Sd/- N. K. Agarwal Judge ' ^^-'^-p^ /!v\y^"vk s '^ ^ 1 '^S^ t ..1^.^^ ''^s®^"' ^^ mOH COURT OF CHHATTISGARH AT BIIASPUR MISC. APPEAL (Q No. 1626 of2008 APPBLLANTS (Claimants) 1. Smt. Shivbati Sabar, Age-38 Yrs, Widow/0 Late Jagatram Sabar, House-wife 2. Bharat Sabar, Age- 20 Year, S/0 Late Jagatram Sabar, Student 3. Ku. Ganeshi, Age-17 Year, (Mmor), D/0 Late Jagatram Sabar, 4. Dhanesh Kumar, Age-13 Year, (Minor) S/o Late Jagatrain Sabar, 5. Ku. Rasni, Age-11 Year (Minor) D/0 Late Jagatram Sabar, 6. Ku. Asha, Age-09 Year (Minor), D/0 Late Jagatrain Sabar 7. Asharain Sabar, Age-07 Year, (Minor), S/o Late Jagatram Sabar, Appellants No.03 to 07 are Minor Son and Daughters pf the appellant No.Ol & deceased & are represented by the appellaat No.Ol Mofher in relation* 8. Smt. Krishna Bai Sabar, Age-65 Yrs, W/0 Late Kartik Ram Sabar AU the above appeUants are R/0 - Shankar Nagar, P.S. & TahsH Mahasamund, Distt. Mahasamund (C.G.) 9. Shatraghan & Nandkishore, Age- 20 Yrs, S/0 Late Jag^t Saora, R/0 Nayapara Ward No.07, P.S. & TahsU Mahasamund, Distt. Mahasamund (C.G.) Versus ^' t :? %.. 1 '^m 1 - ^ :./":--.^;^- "^s^1" ^ RESPONDENTS (Non-a»olicantsl 1. Hema Sahu @ Chotu, S/0 Shri Pannalal Sahu (Driver), R/0 ViU^e Yivtara, P.S. & TahsU - Mahasamund, Distt. Mahasamund (C.G.) (Driver of offending Matador C.G. 06/ZB/0120) 2. Baistimal Chopda, Age-65 Yrs. S/0 Shri Not Known, R/0 Bagbahra Naka, Mahasamund, P.S. & TahsU Mahasamund, Distt. Mahasamund (C.G.) (Owner of offending Matador C.G. 06/ZB/0120) 3. The Oriental Insurance Com. Ltd. B.O. Divisional Office at Madina BuUding, JaU Road, Raipiir, District Raipur (C.G.) (Insurer of offending Matador C.G.06/ZB/0120) APPEAL UNDBR SECTION 173 OF THB MOTOR VEHICLES ACT Coram: Hon. Shri R^eev Gupta, C.J. Hon. Shri N.K. Agarwal, J PRESENT :- Shri J.A. Lohani, leamed counsel for the appellants. None for ttie respondents No. 1 & 2. Shri A.K.Afhaley, leamed counsel for the respondent No.3. ORDER (Passedons^ -7-2011) Per N.K. Afianwal. J. This is claimants' appeal seeking enh^iceaiient in fhe amount of compensation awarded by fhe Chief Motor Accidents Claims Tribunal, Mahasamund (for short <fhe leamed Tribunal^ vide its award dated 02.07.2008 in Clatm Case No. 177/2007. 2. As against compensation of Rs. 19,30,000/- claimed by the unfortunate widow, 6 children aad mother of fhe deceased - Jagat Ram Sabar by filmg claim application under Section 166 of the Motor Vehicles Act, 1988 (henceforth <fhe Acf) for fhe death of Jagat Ram Sabar in ttie motor accident on 25.10.2007, ftie leamed Tribunal has awarded a total sum of Rs.2,92,000/- along with interest at fhe rate of 6% per annum from fhe date of claim application tiU its actual payment. 3. The leamed Tribunal, on a close scrutiny of fhe evidence led, held: fhe accident had occurred due to rash and negligent driving of driver of offending vehicle Matador bearing registration No. C.G. 06/ZB/0120; respondent No.S/Oriental Insurance Company liable for payment of compensation as fhe insurance company has faUed to prove breach of policy conditions; assessed the income of ftie deceased as Rs.100/- per day and Rs.3000/- per annuia; after deducting one-third of it towards personal and livtng expenses of the deceased, the claimants' dependency was worked out to Rs.2000/- per month and Rs.24,000/- per annum; by applying multipMer of 12, fhe amount of compensation on fhe head of loss dependency was assessed ^.^T^^ f^T^ (*^-ilpiliri^ : as Rs.2,88,000. Rs.4000/- was also awarded on ofher heads and ttius total sum of Rs.2,92,000/- has been sssvarded as compensation to the claimants for the deafh of their bread- eamer in fhe said accident. 4. Shri J.A.Lohani, leamed counsel appearing for fhe appellants would submit: looldng to the number of dependents/claimants, the leamed Tribunal has erred in deducting one-third of income of the deceased towards his personal and living expenses; lookmg to the age of tihe deceased as 45 years at fhe time of accident, has erred in applying multipUer of 12 only and thus the leamed Tribunal has fallen in error in awarding low amount of compensation. 5. On the other hand, ShriA.K.Aftialey, leamed counsel appearing for respondent No.3 - insurance company would support fhe impu^ied award and would submit: looldng to the facts and circumstances of the present case, fhe ainount of compensation awarded by the leamed Tribunal is just and proper compensatiion and needs no interference. 6. We have.heard leamed counsel for fhe parties and have perused fhe record of fhe Tribunal including the award impugned. 7. Looking to fhe number of dependents and looking to ftie age of deceased - J^at Rain Sabar as 45 years at fhe time of f^ j accident, in OLUT opinion, fhe leamed Tribunal has erred in deductmg one-fhird ofthe mcome ofthe deceased towards his personal and living expenses and in selectmg the multiplier of 12 for tiie purpose ofcomputation of compensation, in view of the judgment of fhe Supreme Court in the case of Sarla Verma (Smt.l and others -v- Delhl Transport CorDoratlon and another, (2009) 6 SCC 121. Therefore, we propose to recompute fhe amount of compensation awarded by fhe Tribunal. 8. The Supreme Court in Sarla Verma (Sint.) and others (supra) has prescribed multipfier of 14 for fhe age gyoup between 41 to 45 years. Looldng to fhe number of dependents, in our opinion, deduction of one-fourfti of the income of fhe deceased towards his personal and Uvii^ expenses would be appropriate. 9. By taking into consideration fhe income of the deceased as Rs.36,000/- per amium and deducting one-fourfh of it towards his personal and living expenses, the cledmants' yearly dependency would be Rs.27,000/- per annum. By multiplying the above amount of claimants' annual dependency wifh fhe multiplier of 14, the amount of compensation works out to Rs.3,78,000/-. By awardmg further amount of Rs.15,000/- (Rs.5000/- for loss of consortiiim, Rs.5000/- for loss of estate and Rs.5000/- for .'3 ^ funeral expenses), fhe total amount of compensation for which fhe claimants are entitled would be Rs.3,93,000/-. After deducting Rs.2,92,000/- awarded by the Tribunal, fhe claimants arc now entitled to get Rs.1,01,000/-, over and above fhe amount awarded by fhe leamed Tribunal. 10. Leamed counsel for the parties submitted that with a view to avoid any possible dispute betw^een the parties about fhe period for which fhe claiuiants are entitled to receive interest on fhe enhanced amount of com^nsation, tfae amount of iaterest on the enhanced amount of compensation may be quanti&ed tn fhis appeal itself. 11. The accident in fhe present case, wherein deceased Jagat Ram Sabar lost his life, took place in fhe year 2007; fhe claim petition was ffled by the claunants in fhe year 2007;fhe unpugned award was passed by fhe Tribunal in the year 2008; the present appeal was filed by fhe appellants/claimants for enhancement of compensation in the year 2008 and fhe appeal is being fmaUy decided m the year 2011. Considering all fhe relevant factors iacluding fhe delay in disposal of fhe claim petition ecnd fhe present appeal and fhe fact that the Insurance Company alone is not to be blamed for the delay in fhe matter, we quantify fhe amount of interest on fhe enhanced amoiint of compensation of Rs. 1,01,000/- at Rs. 10,000/-. ^-a^ 12. For the foregoing reasons, fhe appeal fUed by fhe claimants for enhancement of fhe compensation is sdlowed tn part The compensation of Rs.2,92,000/- awarded by fhe Tribunal is enhanced to Rs.3,93,000/-. The Claimants are further entiUed for quantified interest of Rs. 10,000/- on fhe enhanced compensation ofRs.1,01,000/-. 13. Respondent No.3 - The Oriental Insiu-ance Compnay Liinited is granted fhree mofhs' time for depositing fhe total sum ofRs.1,11,000/- (Rupees one laldi and eleven fhousand only) with the conceming Claims Tribunal. 14. No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge ^ y^