^.^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants Misc. Appeal No. 1010 of 2005. 1. Bhagwati Bai w/o late Sundar Teli, age 35 years. 2. Ramkumar s/o late Sundar Teli, age 23 years, 3. Pannalal s/o late Sundar Teli, age 21 years. All r/o village Sedam (Majhapara) post Sedam, P.S. Batauli, tehsil Sitapur, district Surguja C.G. VERSUS Respondents Non-applicants 1. Pawan Kumar Agrawal s/o Udairam Agrawal, r/o village Pratapgarh, P.S. & Tehsil Sitapur, district Surguja, C.G. c- 2. The New India Insurance Co. Ltd. through Branch Manager, the New India Insurance Company Ltd. Transportnagar, Korba, C.G. 495679. 3. Indar Yadav s/o Bhuneshwar Yadav age 40 years, occupation Driver, r/o . village Radhapur, P.S. & Tehsil Sitapur, district Surguja C.G. ApDeal underSection 173 ofthe MotorVehicles Act Present: Shri Roshan Verma, counsel for the appellants. Shri Rakesh Sahu, counsel for respondent No.1. Shri Shivendu Pandya, counsel for respondent No.2. ^<NV ^ ^ .^.,<^^. K l^ ^ '^ Y^ M.A.No.1010 of 2005 <^ ORDER ^th (13tnSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimarits' appeal for enhancement of the compensation awarded by the 4th Additional Motor Accident Claims Tribunal, Ambikapur, district Sarguja (for short 'the Tribunal') vide award dated 12.05.2005, passed in Claim Case No. 15/2002. 2) As against the compensation of Rs.6,50,000/- claimed by the appellants/ claimants, unfortunate widow and major sons of deceased Sundar Teli, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 30.09.1999, the Tribunal awarded a total sum of Rs.1,57,000/- 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 led before it held the New India Insurance Company Limited, the insurer ofthe offending vehicleTruck bearing registration No. M.P.27B/0091 liable to pay compensation to the claimants. 4) As the insurer of the above offending vehicle Truck has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency ^•^-^. v M.A. No. 1010 of 2005 ^ L. was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 15, the compensation was worked out to Rs.1,50,000/-. By awarding further sum of Rs'7,000/- under other heads, the Tribunal awarded a total sum of Rs.1,57,0007- as compensation to the claimants for the death of deceased Sundar Teli in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,57,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Roshan Verma, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.15,000/- per annum only; and in awarding low compensation of Rs.1,57,000/- only. 7) Shri Shivendu Pandya, learned counsel for respondent No.2, the New India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.1,57,000/- awarded by the Tribunal is just ancJ,.proper compensation in the facts and circumstances of the present case. 8) Shri Rakesh Sahu, learned counsel for respondent No.1 Pawan Kumar Agrawal, the owner of the offending vehicle Truck, also supported the award. 9) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the / / S k. 9 'i&^fsSS^. l.i 1 i^^WS^h ^ 1 'i%&^^ ^ v'^ M.A.No.1010 of 2005 r: V.. case. It should neither be a meager amount of compensation, nor a Bonanza. 10) Now we shall examine as to whether the compensation of Rs.1,57,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 11) True, the claimants pleaded that deceased Sundar Teli used to earn Rs.4,000/- per month by selling common articles from village to village, no cogent and reliable evidence was led before the Tribunal for establishing his income to the extent of Rs.4,000 per month. In this state of evidence, we do not find any fault inthe approach of the Tribunal in discarding the claimants' evidence about the income ofthe deceased. 12) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum on the basis of the notional income in the year 1999 is certainly on the lower side and requires reconsideration. 13) Considering that deceased Sundar Teli was aged about 45 years on the date of the accident, we are of the opinion that he could have easily earned Rs.45-55/- per day in the year 1999 even by working as an unskilled labour. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.1,500/- per month and Rs.18,000/- per annum. 14) 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. 15) Considering that deceased Sundar Teli was aged about 45 ^,^^:^^ ^^^ '"^-^.^^•-" M.A. No. 1010 of 2005 years, we are of the opinion that multiplier of 14 would be appropriate in the present case 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 14 has been prescribed for the age group between 41-45 years. 16) BymultiplyingtheannualdependencyofRs.12,000/-withthe multiplier of 14 the compensation works out to Rs.1,68,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consori:ium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.1,83,000/- as compensation for the death of deceased Sundar Teli in the motor accident. 17) The claimants are further awarded a sum of Rs.4,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.26,000/-. 18) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. Thecompensation of.Rs. 1,57,0007- awarded by the Tribunal is enhanced to Rs.1,83,000/- with further quantified amount of interest of Rs.4,000/- on the enhanced amount of compensation of Rs.26,000/-. 19) Respondent No.2 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.30,000/- (Rs.26,000/-towards enhanced amount of compensation + Rs.4,000/- towards quantified amount of interest on the enhanced ^i:^- subbu ^l. 6 M.A. No. 1010 of 2005 oy amount of compensation of Rs.26,000/-) before the concerning Claims Tribunal. 20) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge