/ •^' ^^ u^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Respondents Misc. Appeal No.133 of 2006 1 Tulsiram Kaushik, S/ol Jhargu, Ram Kaushik, Age about 37 years 2 Manoj Kumar, S/o Tulsi Ram Kaushik, Age about 7 years Appellant No.2 through his natural guardian Tulsiram i.e. Appellant No.1. Both R/o Gram Dhamki, Thana Tehsil & Distt Kawardha, At present Distt Kabirdham (CG) VERSUS 1. Santuram, S/o Seluram Gaund, Age about 22 years, R/o Camp 1, Ward No.13, Dallirajhara, Distt Durg (CG) DRIVER 2. Padam Kothari, S/o Gyanchand Kothri, Age about 32 years, R/o MIG 252, Padmanabh Pur, Distt Durg (CG) TRUCK OWNER 3. The United India Insurance Company, through its Branch Manager, Branch Office, Chandrapur, Maharashtra INSURANCE COMPANY IVIemo ofappeal ynder Section 173 of the Motor Vehicles Act. Present: Shri Sanjeev Banjare, counsel for the appellants. Shri Dashrath Gupta, counsel for respondent No.3. ^>. ;:s-.......3^ ORDER (29th June, 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 CIaims Tribunal, Kawardha (for short 'the Tribunal') vide award dated 16.09.2004, passed in Claim Case No.21/2003. 2) As against the compensation of Rs.7,65,000/- claimed by the appellants/claimants, unfortunate husband and minor son of deceased Smt. Goda Bai by filing a claim petition under Section 166 of the Motor Vehicles Act for her death in the motor accident on 20.01.2003, the Tribunal awarded a total sum of Rs.1,72,000/- as compensation along with interest @ 7% 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 that deceased Smt. Goda Bai died on account of the injuries sustained by her in the motor accident on 20.01.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Metador bearing registration No.C.G.07/0682; as the above offending vehicle Metador, on the date of the accident was insured with the United India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 7 ,<< ^: - -, ¥ 'w'!y'.s ^// 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attainedfinality. 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum. By deducting 1/3rdof 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 17, the compensation was worked out to Rs.1,70,000/-. By awarding further sum of Rs.2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs.1,72.000/- as compensation to the claimants for the death of deceased Smt. Goda Bai in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,72,000/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Sanjeev Banjare, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about theincome of the deceased and in assessing her income at Rs.15,000/- per annum only; and in awarding low compensation of Rs.1,72,000/- only. 7) Shri Dashrath Gupta, learned counsel for respondent No.3 the United India Insurance Company Limited, insurer of the offending vehicle Metador, on the other hand supported the award and contended that the compensation of Rs.1,72,000/- awarded by the D^ c^ •^ -^ ,,^;^s^\,s Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) The claimants pleaded and proved that the annual income of deceased Smt. Goda Bai as labour was Rs.18,000/- per annum and the Tribunal assessed her income 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. 9) Considering that deceased Smt. Goda Bai was aged about 32 years on the date of the accident, we are of the opinion that she could have easily earned Rs.50/- per day as pleaded by the claimants. We, therefore, propose to re-compute the compensation taking the income ofthe deceased at Rs.50/- per day; Rs.1,500/- per month; and Rs.18,000/- perannum. 10) By deducting the usual 1/3rd of Rs.18,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.12,000/- per annum. 11) Considering that claimant No.1 Tulsiram Kaushik, husband of deceased Smt. Goda Bai was aged about 37 years on the date of the accident, we are of the opinion that the appropriate multiplier in the case would be 15 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 SCC 121 wherein multiplier of 15 has been prescribed for the age group between 36-40 years. 12) By multiplying the annual dependency of Rs.12,000/- with the multiplier of 15 the compensation works out to Rs.1,80,000/-. 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 husband, the claimants become entitled to receive a total sum of Rs.1,95,000/- as compensation for the death of deceased Smt. Goda Bai in the motor accident. 13) The claimants are further awarded Rs.2,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.23,000/-. 14) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,72,000/- awarded by the Tribunal is enhanced to Rs.1,95,000/- with further quantified amount of interest of Rs.2,000/- on the enhanced amount of compensation of Rs.23,000/-. 15) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.25,000/- (Rs.23,000/- towards enhanced amount of compensation + Rs.2,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.23,000/-) before the concerning Claims Tribunal. 16) No order as to costs. — Sd/- ChiefJustice Sd/- N.K.Agarwal Judge R nimmi