^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DJVISIONBENCH Coram : HON'BLESHRIRAJEEVGUPTA,C.J,& HON'BLE SHRI RANGNATH CHANDRAKAR, J. APPELLANTS (Ciatmants) ^ RESPONDENTS (Non-applicants) M.A.(aNo.1628oT2008 1 Smt. Nanhe Bai,Age—28 years, Widow/o Late Deepak Jangde. 2 Hem Lal, Age - 14 year, (M'tnor) S/o LateDeepak Jangde, 3 Ku. Pramila, Age~ 11 Years, (Minor) D/o Late Deepak Jangde, 4 Devendra, Age - 09 Years, (Minor) S/o Late Deepak Jangde, 5 Bhushan, Age - 06 Years, (Minor) S/o Late Deepak Jangde, 6 Smt. Neera Bai, Age - 55 years W/o Late Nathuram. Appeliant No.02 to 05 are Minor Son & Daughter of the appejlant no.01 & deceased & are represented by the appeliant No.01 their IVIother. All the above appellants are R/o Village - Ghodari, P.S. & Tahsil - Mahasamund, Distt. Mahasamund (C.G.) Versus 1. Babludas, Age 27 years. S/o Shreenath Das, R/o Viliage :- D.N.K. Colony, P.S. &,TahsSI—Kondagaon, Distt. Bastar (C.G.) (Driver Mahendra Scorpio Sold Eng. NO.G.C.-74/G/47901) 2.Gyan Singh Chandel, S/o D.P Ghandel, R/o Vikas INagar, P.S. & Tahsil - Kondagaon, Disttt :- Bastar "^! (Owner Mahendra Scorpio Sold Eng. No,G.C.-74/G/47901) \ 47 3. The Oriental Insurance Com. Ltd. B.O. Divisional Office at Madina Building, Jail Road Raipur Distt. Raipur (C.G.) (tnsurance Com. of Mahendra Scorpio Sotd Eng. No.G.C.-74/G/ 47901) (MEMO OF MISC. APPEAL UNDER^ECTiON 173 OF THE IViOTOR VEHICLEACT1988) Present: Shri J.A. Lohani, counsel for the appellants. Shri N.P. Koshta, counsel for respondents No.1 & 2. Shri Prashant Jayaswal, Senior Counsel with Shri Ajay Mishra, Counsel for respondent No.3. ORDER (29th October, 2009) The foliowing order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement 6f the compensation awarded by the Motor Accldent Claims Tribunal, Mahasamund (for short, 'the Tribunal') vide award dated 23.06.2008, passed in Claim Case No.29/2008. 2) As against the compensation of Rs.18,65,000/- claimed by the appellants / claimants,unfortunate widow, minor children and mother of deceased Deepak Jangde, by filing a claim petition under Section 166of the Motor Vehicles Act for his death in the motor accident on 29.11 .2007, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation along with interest @ 6% per annum from the date of filing of the daim petition till the date of actual payment. ^ N I^Fp- :<^ <;<'. ^.-€ 3) Shri J.A. Lohani, learned counset for the appellants vehemently argued that though the Tribunal has rightly assessed the income of the deceased at Rs.36,000/- per annum and claimants' dependency at Rs.24,000/- per annum, it has erred in selecting the lower multiplier of 12 though appropriate mujtiplier considering the age of the deceased was 16. 4) Shri Prashant Jayaswal, learned Senior Counsei for respondent No.3/ Oriental Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.2,92,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the presentcase. 5) Shri N. P. Koshta, learned counsel for respondents No. 1 & 2, the driver & owner of the offending vehicle,also supported the award. 6) As the respondents have not filed any appeal against the award, the findings recorded by the Tribunal that deceased Deepak Jangde died on account ofthe injuries sustained by him in the motor accident on 29.11.2007; the accident occurred due to rash and negiigent driving of the driver of the offending vehicle Mahendra Scorpio; and as the offending vehicle Mahendra Scorpio on the date of the accidentwas insured with the Orientai Insurance Company Limited, the Insurance Company was liable to pay compensation to the daimants, have now attained fmaiity. That apart, these findings are not under chalienge before us in this "^! appeal. We, therefore, affirm the above findings recorded by the Tribunal. 7) As Shri J.A. Lohani, learned counse! for the appeilants, has not chalienged the assessment of the income of the deceased by the Tribunal at Rs.36,000/- per annum.and the claimants' dependency at Rs.24,000/- per annum, we do not deem it necessary to examine the correctness of the assessment of the income of the deceased and the ciaimants' dependency by the Tribunai. 8) The multiplier of 12 selected by the Tribunal considering that deceased Deepak Jangde was 30 years of age and his widow, claimant No.1 Smt. Nanhe Bai was 28 years of age on the date ofthe accident, is certainly on the lower side. In our opinion, the muitiplier of 16 would be appropriate in the case. 9) By multiplyjng the annuai dependencyof Rs.24,000/- with the multiplier of 16, thecompensationworks out to Rs.3,84,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for logs of consortium to the widow and Rs.5,000/- for ioss of estate. The claimants, thus become entitled lo receive a total sum of Rs.3,99,000/- as compensation for the death of deceased Deepak Jangde in the motor acddent. 10) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitied to receive interest on the enhanced amount of compensation, the amount of interest on fhe enhanced amount of compensation may be quantified in this appeal itself. 11) Considering the deiay in disposaj of the daim petition and the present appeal and the factthatthe Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify theamount of interest on the enhanced amount of compensation of Rs.1,07,000/- at Rs.8,000/-. 12) Forthe foregoing reasons, the appeal flied by the appellants/ daimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,92,000/-awarded by the Tribunal is enhanced to Rs.3,99,000/- with further quantified amount of interest of Rs.8,000/- on the enhanced amount of compensationof Rs.1,07,000/-. 13) Respondent No.3 the Orientai Insurance Company Limited is granted three months'time for depositing the total sum of Rs.1,15,000/- (Rs.1,07,000/- towards enhanced amount of compensation + Rs.8,000/- towards the quantified amount of interest on the enhanced amount of compensation of Rs.1,07,000/~) before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Subbu Sd/- R.N. Chandrakar Judge