^y^ i ^^^^g^ w HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. (^) Misc. Appeal (€)No. 1008 of 2005 Appellants (Claimants) Respondents Non-applicants (.,., "^' Manjhala Kenwat, aged about 49 years, son of late Mudiya, Radheshyam Kenwat, aged about 28 years, son of Shri Manjhala Kenwat. Both are resident of Saragaon, P.S. Saragaon, distt. Janjgir-Champa C.G. VERSUS Ramkrishna Vishwas, aged about 24 years, son of Ashok Vishwas, resident of Dharamjaigarh, distt. Raigarh C.G. (Driver of the alleged vehicle) Tara Jethwani, son of Shri Kishanchandra Jethwani, resident of Bus Stand Dharmjaigarh, distt. Raigarh, C.G. (Owner of the alleged vehicle) Branch Manager, United India Insurance Co. Ltd. in front of Gopy Theater College Road Raigarh, through the Branch Manager, United India Insurance Co. Ltd., Rajendra Nagar Chowk, Bilaspur (Chhattisgarh) (Insurer of the alleged vehicle) Memo of appeal under Section 173 of the Motor Vehicles Act. Present: Shri Sudhir Kashyap, counsel for the appellants. Shri H.B. Agrawal, Senior Counsel with Shri Pankaj Agrawal, counsel for respondent No.3. ...•^•;^ ^ -%>^ 'W^% j fy ^. '"f:y '^L: ^ ^.. ORDER (08th July, 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 9 Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 04.03.2005, passed in Claim Case No. 185/2004. 2) As against the compensation of Rs.6,60,000/- claimed by the appellants/ claimants, unfortunate husband and major son of deceased Dhankunwar, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death on 28.12.2003 on account of the injuries sustained by her in the motor accident on 27.12.2003, the Tribunal awarded a total sum of Rs.62,500/- 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 United India Insurance Company Limited, the insurer of the offending vehicle Jeep bearing registration No.C.G- 13C/0318 liable to pay compensation to the claimants. The Tribunal assessed the income ofthe deceased 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. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 10,0007- per annum. By ^ multiplying the annual dependency of Rs. 10.000/- with the multiplier of 5, the compensation was worked out to Rs.50,000/-. By awarding further sum of Rs.12,500/- under other heads, the Tribunal awarded a total sum of Rs.62,500/- as compensation to the claimants for the death of deceased Dhankunwar in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.62,500/- @ 9% perannum from the date of filing of the claim petition till the date of actual payment. 4) Shri Sudhir Kashyap, learned counsel for the appellants submitted that the Tribunal has erred in awarding low compensation of Rs.62,500/-only. 5) Shri H.B. Agrawal, learned Senior counsel with Shri Pankaj Agrawal, learned counsel for respondent No.3, United India Insurance Company Limited, the insurer of the offending vehicle Jeep, on the other hand, contended that as the claimants could not establish any definite and regular income of the deceased, the compensation of Rs.62,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 6) Deceased Dhankunwar was shown to be 57 years of age in the requisition for medical examination and in the medical certificate her age was estimated tb be 59 years by the Doctor. Claimant No.1 Manjhala Kenwat, husband of deceased Dhankunwar was also assessed to be 56 years of age by the Tribunal when he appeared before the Tribunal for recording of his evidence on 23.02.2005. ^7r~"^^ /'/:^~ '\ Vv^' ^, The claimants pleaded that deceased Dhankunwar used to earn Rs.100/- per day. AW1 Manjhala Kenwat admitted in para 8of his cross-examination that he was earning Rs.50-60/- per day only. 7) Be that as it may, the fact remains that claimant No.1 Manjhala Kenwat has lost his wife in the motor accident. Whatever be the age of this claimant, he would suffer loss of the company of his wife for the rest of his life. 8) The compensation of Rs.62,500/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is on the lower side and deserves to be enhanced suitably. 9) Considering all the relevant aspects of the matter including the age of the deceased, her husband and son; and the occupation of the deceased and the claimants, we are of the opinion that further award of Rs.50,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.62,500/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 10) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The claimants are awarded further sum of Rs.50,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.62,500/- awarded by the Tribunal. ^ ^ ......:.— "'•->) •.-^'••.y-.'\ : ^;.^.,,,^.' ^ o 1.. n^mi 11) Respondent No.3 United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.50,000/- before the concerning Claims Tribunal. 12) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge