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 (Cl No. 386 of 2008 Appellants 1. Smt. Mayadevi w/o late Shri Kishan Chand, aged about 42 years, 2. Ajay Kumar s/o late Shri Kishan Chand, aged about 17 years, 3. Kumari Puja, d/o late Shri Kishan Chand, aged about 16 years, 4. Kanchan d/o late Shri Kishan Chand, aged about 15 years, 5. Bharat s/o late Shri Kishan Chand, aged about 13 years, Appellant No.2 to 5 are minor through natural guardian mother Smt. Maya Devi, All are r/o Amapara, Dhamtari Tahsil & Distt. Dhamtari C.G. VERSUS Respondents 'Y . ~ Lavkumar @ Deepak Sahu s/o Shri Sunder Lal Sahu, aged about 35 years, by caste Teli, r/o village Basin, post Gurur, tahsil Gurur, distt. Durg. C.G. (Driver of the vehicle No.C.G.4-ZB- 0190) Aganu s/o Sukhdeo Ram, r/o village Bhatapara Charama, tahsil Charama, distt. Kanker C.G. (Owner of the vehicle No.C.G.4-ZB- 0190) ^ Is ^ '"%, ^-•-&^ %_ ^: ^•f^^, t. i^ ^' AC.No. 386 Of 2008 3. Branch Manager, the Oriental Insurance Company Ltd. Balak Chowk, opposite of Amar Talkies Dhamtari, distt. Dhamtari C.G. (Insurer of the vehicle No.C.G-4-ZB- 0190) AB@eal undejLSection 173 ofthe Motor Vehicles Act Present: Shri Sunil Sahu, counsel for the appellants. Shri S.P. Sahu, counsel for respondent No.2. Shri Raj Awasthi, counsel for respondent No.3. ORDER >th (29"'September,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 Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 17.12.2007, passed in Claim Case No. 109/2006. 2) As against the compensation of Rs.20,00,000/- claimed by the appellants/ claimants, unfortunate widow and children of deceased Kishan Chand, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 01.01.2006, the Tribunal awarded a total sum of Rs.2,79,000/- as compensation along with interest @ 6% per annum from the date of filing ofthe claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the Oriental Insurance Company Limited, the insurer of 1 . v ^^ AC.No. 386 of 2008 the offending vehicle Metador bearing registration No.C.G.-04- ZB/0190, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Metador has not filed any appeal against the impugned award 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.3,000/- per month. By deducting 1/3rd of Rs.3,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.2,000/- per month and Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 11, the compensation was worked out to Rs.2,64,000/-. By awarding further sum of Rs.15,000/- under other heads, the Tribunal awarded a total sum of Rs.2,79,000/- as compensation to the claimants for the death of deceased Kishan Chand in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,79,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) . Shri Sunil Sahu, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annumand selected the appropriate multiplier.of 11, it has erred in deducting 1/3rd of the income of the deceased in place of 1/4 towards his personal' expenses; and in awarding low compensation of Rs.2,79,000/- only. 7) Shri Raj Awasthi, learned cpunsel for respondent No.3, the "\' ^ ^ M.A.C.No. 386 of 2008 Y Oriental Insurance Company Limited, the insurer of the offending vehicle Metador, on the other hand, supported the award and contended that the compensation of Rs.2,79,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri SP Sahu, learned counsel for respondent No.2 Aganu, the owner of the offending vehicle Metador 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 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.2,79,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 11) As learned counsel for the appellants has not challenged the assessment of the income of the deceased by the Tribunal at Rs.3,000/- per month and Rs.36,000/- per annum, we have not examined that aspect of the matter. 12) So far as the deduction of 1/3 of the income of the deceased by the Tribunal towards his personal expenses is concerned, considering that there are as many as five claimants and all were wholly dependent on the income ofthe deceased, in ouropinion, the Tribunal ought to have deducted only 1/4 of the income of the deceased towards his personal expenses. AC.No. 386 of 2008 13) We, therefore, assess the claimants' dependency at Rs.27,000/- per annum by deducting 1/4th of Rs.36,000/- towards the personal expenses of the deceased. 14) By multiplying the annual dependency of Rs.27,000/- with the multiplier of 11, the compensation works out to Rs.2,97,000/-. By adding the sum of Rs.15,000/- awarded by the Tribunal under other heads, the claimants become entitled to receive a total sum of Rs.3,12,0007- as compensation for the death of deceased Kishan Chand in the motor accident. 15) The claimants are further awarded Rs.3,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.33,000/-. 16) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,79,000/- awarded by the Tribunal is enhanced to Rs.3,12,000/- with further quantified amount of interest of Rs.3,000/- on the enhanced amount of compensation of Rs.33,000/-. 17) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.36,000/- (Rs.33,000/- towards enhanced amount of compensation + Rs.3,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.33,000/-) before the concerning Claims Tribunal. 18) No order as to costs. Sd/- Chief Justice Sd/- N.K. Agrawaf Judge ^ <, ^ -';