@ HIGH COURT OF CHHARTTESGARH AT BILASPUR Singie Bench:- Hon’bie Shri R.N. Chandrakar, J w MA. No. 623 0f 2002 The Oriental Insurance Co. Ltd. Branch Office Sadar Bazar Road, Ambikapur‘ Through 1 Divisionai Manager Oriental Insurance Company High Court Road, Bilaspur (Chhattisgarh) — KiersUs 1. Smt. Ramayani Bai, Wd/o Ba! Singh Kanwar, aged about 50 years, R/o Viltage Dhanras, PO. Chhuri Tah. Katghorar Korba(C.G.) — 2. Sardar Randhir Singh, Sfo Amotak Singh, aged about 55 year, R/o Manendragarh, Read Ambikapur, Distt. Sarguja (C.G.) Ramcharan Yadav, S/o Ramshankar Yadav, aged about 48 years, R/o Kedarpur Rr‘ng Road, Ambikapur, Distt. Sarguja MISCELLANEOUS APPEAL UNDER SECTION 17'3 OF THE MOTOR VEHICLES ACT. -t Nonapplican No. 2. Appearance : Mr. AK. Athaley, counsel for the appellant. Mr. Rishi Rahul Soni, Advocate for respondent No. 1 None for respondent No. 2 and 3. Appenant ! Nonapplicant No. 3 Nonapplicant No.1 ; Respondents} Applicant l l g9 Oral Order (Passed on 29‘“ April, 201 1) r ‘ 11. This is Ensurer’s appeat for modification of the compensation § awarded by Additional Motor Accident Claims Tribunal, Korba ’ (for short ‘the Tribunai’) vide award dated D1 .052002, passed in i Claim Case No. 1/2001. 2. As against the compensation of Rs. 11 ,30,0DD[- ctaimed by the ciaimant, unfortunate mother of deceased Bhuwan Singh by fiiing t. a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 234102000; the Tribunal awarded a total sum of Rs. 2,85,200/— as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. i3. Shri AAK. Athaiey, learned counsel for the appellant the Oriental insurance Company vehemently argued that the Tribunal has erred in applying multiplier of 17 to the annual dependency which is on the higher side whereby the Tribunal has awarded compensation of Rs.2,85,000/—. He further argued that in case the income of the deceased was not more than Rs.15GO/— per month as such, under the peculiar circumstances, the dependency could not be more than 50%. Thus, the impugned award awarded by the Tribunal may be modified. ‘4. On the other hand, Shri ishi Rahui Soni, learned counsel for i i respondent No. 1 has supported the impugned award and submitted that considering the facts and circumstances of the i case, the Tribunal has rightly awarded the compensation. i l5. l have heard learned counsel for the parties, perused the impugned award and record of the Tribunal. i6. True, the claimant pleaded that deceased Bhuwan Singh used to earn Rs. 2,000/- per month by doing agricultural and labour work, the evidence led by claimant Ramayani Bai in that behalf was not l i l i i i i i i i i R of clinching nature. From perusa! 0f evidence of Lai Singh (AW/1) and Ramayan Bai (AW/2) mother of deceased, it is clear that deceased Bhuwan Singh used to earn Rs. 2,000/-Wper month as the statements of both the witnesses have not been rebotted by the non-applicant in this state of evidence, i do not find any fault in the approach of the Tribunal in assessing his income on i own estimate at Rs. 2,000I- per month. 7. The Tribunal has been quite liberal in deducting only 1/3“ of the income of the deceased towards his personal expenses though l ‘ the deduction in that behalf could have been to the extent of 50% l of the income of the deceased as he was unmarried on the date of the accident and in View of the dictum of the Apex Court in the case of Syed Basheer Ahmed and others Versus Mohammad Jameel and another reported in (2009) 2 Supreme Court Cases 225. 8. The multiplier of 17 selected by the Tribunal is aiso on the higher side considering the fact that the claimant is mother and in View of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs. Laxman tyer and another, reported in (2003) 8 SCC-?31, wherein it was held that in those cases where the claimants are parents of the deceased, the multiplier should never exceed 10. Considering all the aspects of the case and in View of the aforesaid case laws, the impugned award awarded by the tribunal is set aside by modifying tothe extentthat considering the income of the deceased as Rs. 1,000l- per month, the annual dependency works out to Rs. 12,000f— . By multipiying the annual dependency of Rs. 12,000/- with the multiplier of 10, the compensation works out Rs. 1,20,000/—. The claimant is further awarded Rs. 5,000/— towards funeral expense and Rs. 5,00G/- toward loss of estate. The claimant, thus became entitled to receive a total sum of Rs. 1,30,000/— as compensation for the death of Bhuwan Singh in the motor accident on 2340-200 ts . , 0 with interest @ 9% from the date of filing of the petitcn til! the actual payment. or the foregoing reasons, the appea! filed by the appeliant - Oriental insurance Company is partly allowed to the extent indica as above. i F ted