'%. ^SSi^ ^v l""*a3ss3^;^ "3K ^? HIGH COURT OF CHHATTISGARH ATBILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJgEV GUPTA, CJ. HON'BLE SHRI SUNIL, KUMARSINHA, J. ADpellant Claimant MisG. ADpeal No.228 of 2004 Yakup Tigga S/o Johan Tigga aged about 55 years occupation agriculture, resident Of Madhawan, Police Station Jashpur, Jashpur G.G. Respondent No.1 Non-applicant No.1 ResDondentNo.2 Non-applicant N6.2 Respondent No.3 Non-applicant No.3 VERSUS Vijay Kumar Ingole S/oi Atmaram Jingole, aged about 45 years, occupation Proprietor Saibaba Yatri, Bus Stand, resident of near D.C. Road, Hanuman Mandir Ambikapur, distt. Surguja C.G. and others. Inder S/o Unknown, occu. Bus Driver (Sai Baba Traveler Bus), Address Shri Vijay Kumar Ingole, proprietor Sai Baba Traveler Bus, D.C. Road, Ambikapur, P.S. Ambikapur, distt. AmbikapurC.G. United Insurance Company Ltd., Branch Ambikapur, Samgam Chowk, Ambikapur, distt. Surguja C.G. MEMORANDUIVI OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Present: Smt.Hamida Siddique, counsel for the appellant. Nonejor respondents No. 1 and2. Shri Dashrath Gupta, counsel for respondentNo.3. ORDER (22nd March, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Ambikapur, Sarguja (forshort 'the Tribunal') vide award dated 02.01.2004, passedinClaimCaseNo. 54/2003. 2) As against the compensationof Rs.48,81,000/- claimed by the appellant/claimant, unfortunate father of deceased Arun Tigga, by filing a claim petition under Section 166 ofthe MotOrVehicles Act for his deathon 17.01.2003 on aGcount ofthe injuries sustained by him in the motor accidenton 14.01.2003, the Tribunal awarded a total sum of Rs. 1,49,766/- as compensation along with interest @ 9% perannum from the date offiling of the claim petition till the date of actual payment. 3) The Tribunat on aclose scrutiny of the entire evidehce ted before it held that claimant's son Arun Tigga died on 17.01.2003 on accountof the injuries sustained by him in the motor acciderit on 14.01.2003; the accident occurred due to rash and negligent driving of the driverof the offending vehicte Bus bearing registration No.C.G.15Z-A/0110; as the above offehding vehicle Bus on the date of the accident was insured with the United India Insurance Company Limited and the Insurance Company could not establish any breach ofthe policyconditions, the Insurance Companywas liableto pay compensation to the claimant. 1 m w^—.—.-=.-^ •^- ^ 4) As the respondents have not filed any appeal against the awgrd, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.1,500/- per month. By dedUGting 1/3rd of Rs.1,500/-, towards the personal expenses ofthe deceased, the claimant's dependency was assessed at Rs.1,000/- permonth and Rs.12,000/- perannum. By multiplying the annual dependency of Rs.12,000/- with the multiplier of 10, the compensation was worked out to Rs.1 ,20,OOOA-. By awarding further sum of Rs.29,766/- towards medical expenses, the Tribunal awarded a total sum of Rs.1,49,766/- as compensation to the claimant for the death of deceased Arun Tigga in the motor accident. The Triburial further directed payment of interest on the above amount of compensationof Rs.1,49,766/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. . . 6) Smt. Hamida Siddique, learnedcounsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards funeral expenses and loss ofestate; and inawarding low compensation of Rs.1,49,766/- only. 7) Shri Dashrath Gupta, learnedcounsel for respondent No.3 - the United India Insurance Company Limited, on the other hand, supported the award and contended that as the claimant's sonj Arun Tigga was not having any income at the time of the accident, ^ the compensation of Rs.1,49,766/- awarded by the Tribunal is just; % and proper compensation in the facts and circumstances of the present case. 8) Admittedly, claimant's sonArun Tigga at the relevant time was a student of B.A. Part II and was not having any independent income of his own. Infact, he was dependent on his father claimant Yakup Tigga. 9) We, therefore, do not find any fault in the assessment of the income ofthe deceased by the Tribunal at Rs.1,500/- per month on its own estimate. 10) The Tribunal has been quite liberal in deducting only 1/3 of the income of the deceased towards his personal expenses though the deduction in that behalf could have been to theextent of 50% of the income of the deceased, in view of the fact that deceased Arun Tigga was unmarried on the date of the accident and in view of the dictum of the Apex Courtin thecase of Syed Basheer Ahamed and others Versus Mohammed Jameel and another reported in(2009) 2 SupremeCourtCases 225. 11) The multiplier of 10 selected by the Tribunal alsocannot be found fault with in view of the fact that the sole claimant in the case is father of the deceased and in view of the dictum of the Apex: Court in the case of Municipal Corporation of Greater Bombay\ Vs. Laxman lyer and another, reported in (2003) 8 SCC-731, wherein it was held that in those cases where the claimants are parents ofthe deceased, the multipliershould never exceedlO. nimmi 12) Nevertheless, the Tribunal has certainly fallen into error in not awarding any sum towards funeral expenses and loss ofestate. 13) Considering all the relevant aspectsofthe matter, we are of theopinion that further award of Rs.21,000/- inclusive of interest component on the enhanced amount of corripensation would make the compensation of Rs.1,49,766/- awarded by the Tribunal asjust and proper compensation in the facts and circumstances of the presentcase. 14) The appeal filed by the appellant/ daimant for enhahcemerit of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.21,000/- inclusiveof interest component on the enhanced amount of compensation iri addition to the sum of Rs.1,49,766/- awarded by the Tribunal. 15) Respondent No.3 the United India InsuranGe Company Limited is granted three months' time for depositing the total sum 6f Rs.21,000/- before the concerning Claims Tribunal. 16) No order as tocosts. —-—— s<i/- ChiefJusdce Sd/- Sunil Kumar Sinha Judge y:m: :^AS sai- .Y^^.'^'-i. iriNdiirK"'-—-J^ -111;'-