IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.194 of 2007 LAXMAN CHAUDHARY @ LACHHUMAN CHAUDHARY & ANR. Versus DIVISIONAL MANAGER & ANR ----------- 8. 25.11.2008 With the consent of both sides this appeal was finally heard under Order 41 Rule-11 and 12 of the C.P.C. This appeal has been filed for enhancement of claim amount in the award dated 31.3.2007 of the Motor Vehicle Accident Claims Tribunal cum 1st Additional Sessions Judge, Gaya passed in motor accident claim case No. 13/05/83/04 whereby a compensation of Rs.1, 65,000.00 along with interest @ 8.5 per cent from the date of filing of the case has been allowed to the appellant. The respondent No.1, Oriental Insurance Company has been held liable for the payment of the compensation amount and interest. The appellants are the husband and sons of the deceased Muni Devi who died in course of treatment on 25.9.2004 as a result of injuries received in the accident caused on 14.9.2004 at 7.00 A.M. by a tracker bearing No.BR-26/8113. The vehicle was insured by the respondent, insurance company. The case of the claimant was that the deceased was a house-wife and she was also running a toddy shop and earning a monthly income of Rs.3000/- from the shop. - 2 - A compensation of Rs.2, 00,000.00 along with interest @ 9 per cent was claimed by the appellant. The appellant has examined the witnesses who deposed that the deceased was running a toddy shop and she was earning Rs.3000/- per month. The certified copy of the F.I.R., post- mortem report and insurance policy were respectively proved as exhibits- 1, 2 and 3 by the appellant/claimant. The learned Claims Tribunal found that any documentary evidence was not brought forward by the claimant with respect to claim of her monthly income of Rs.3000/- and on consideration of entire facts and circumstances, the learned Claims Tribunal considered the case of deceased as a case under Clause-6 of the second Schedule to the Motor Vehicle Act, 1923 (hereinafter referred as the Act.) which provides for calculating notional income @ 15000/- per annum in case of non-earning persons. The learned Claims Tribunal treated the case of the deceased as non-earning one and thus, calculated her income @ of Rs.15000/- per annum. The learned counsel for the respondent no.1 i.e. Insurance Company challenged this appeal only on the ground of quantum of compensation and submitted that Claims Tribunal has already allowed a reasonable and fair amount as compensation to the appellant/claimant. - 3 - The claims Tribunal has taken a multiplier while calculating the quantum of compensation. The witnesses examined by the appellant/claimants stated before the Claims Tribunal that the deceased was aged 35 years and according to the evidence on behalf of the claimants themselves, the deceased was aged 35 years and thus she had completed 35 years. In such view of the matters, the multiplier of sixteen as also indicated in the second Schedule to the Act was rightly applied by the Claims Tribunal. The annual income of Rs.15000/- when reduced by 1/3rd as personal expenses of the deceased, it came to Rs.10000/- and when multiplied by multiplier of sixteen, it came to Rs. 1, 60,000.00. The Claims Tribunal further allowed Rs.4000/- as loss of consortium, Rs.500.00 as funeral expenses and Rs.500.00 as medical expenses and thus the total compensation amount of Rs.1, 65, 000.00 was allowed. In this context, the learned counsel for the appellant referred to the table under the second Schedule to the Act which provides for allowing Rs.5000.00 as loss of estate, Rs.2000.00 as funeral expenses and medical expenses not exceeding Rs.15000.00 when supported by bills. In this case any bills or vouchers regarding medical treatment were not produced. Therefore, the claims Tribunal allowed Rs.500.00 only on this count. In absence of any bill - 4 - such claims of Rs.500.00 was rightly allowed but in view of the facts and circumstances of the case and considering the provisions under Clause-3 of the second Schedule, it appears just and proper that Rs. 2500.00 as loss of estate and Rs.2000.00 as funeral expenses is just and proper to be allowed. Therefore, such claim is allowed. Now taking together the claim of Rs.1, 60,000.00 + 2500 + 2000 + 500 the total comes to Rs. 1, 70,000.00 and therefore, this amount of compensation is hereby allowed. The claim of interest @ 8.5 per cent as allowed by the Tribunal is just and proper, hence, the same will continue. In the result, this appeal is allowed in part as indicated above. (C.M. Prasad, J.) Ravi/-