(§) HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Respondents Misc. Appeal (0 No. 23 of2010 1. Sadhram, s/o Manglu Sahu, aged about 38 years, •<- 2. Champa Bai, w/o Sadhram .Sahu, aged about 35 years, Both r/o village Mohtara, post office Manpasar, P.S. Dharsinwa, tahsil Bilaigarh, district Raipur C.G. VERSUS 1. Krishna Sahu, s/o Kanshiram Sahu, aged about 32 years, (Driver, Tractor No. C.G. 40-0722 & Trolley No.C.G. 4D-0723) 2. Rameshwar, s/o Jaganathia Sahu, aged about 42 years, (Owner, Tractor No. C.G. 4D-0722 & Trolley No. C.G. 4D-0723) Both r/o village Mohtara, P.S. Dharsinwa, tahsil Bilaigarh, district RaipurC.G. 3. Insurance Company, the New India Insurance Company Limited, Branch Office Civil Line, Baloda Baz.ar, district Raipur C.G. (Insurer, Tractor No. C.G. 40-0722 & Troll^y No.C.G. 4D-0723) Appeal underSection 173 ofthe Motor Vehicle Act Present: Shri Goutam Khetrapal and Shri Rakesh Sahu, counsel for the appellants. Shri Dashrath Gupta, counsel for respondent No.3. /-/ ^^ ORDER (21st 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 Second Additional Motor Accident Claims Tribunal, Baloda Bazar (for short 'the Tribunal') vide award dated 03.09.2009, passed in Claim Case No.44/2008. 2) As against the compensation of Rs.7,75,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Kunti Bai, aged about 14 years by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 02.04.2007, the Tribunal awarded a total sum of Rs.1,05,000/- as compensation along with interest @ 6% 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 New India Insurance Company Limited, the insurer of the offending vehicle Tractor-Trolley bearing registration No.C.G.04/D-0722 and C.G.04/D-0723 liable to pay compensation to the daimants. 4) As theinsurer of the offending vehicle Tractor-Trolley has npt filed any appeal challepgitig the above finding recorded by the Tribunal, the same norff has attained finality. 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum on the basis of thenotional income prescribed in the Second Schedule under Section 163-A of the ^ --L" '^ Motor Vehicles Act. By deducting 1/3 of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 10, the compensation was worked out to Rs.1,00,000/-. By awarding further sum of Rs.5,000/- under other heads, the Tribunal awarded-a total sum of Rs.1,05,000/- as compensation to the claimants for the death of their daughter Kunti Bai in the motor accident. The Tribunat further directed payment of interest on the above amount of compensation of Rs.1,05,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Goutam Khetrapal and Shri Rakesh Sahu, learned counsel for the appellants submitted that the Tribunal haserred in awarding low compensation of Rs.1,05,000/- only though the appellant's daughter was a brilliant student and had a bright future. 7) Shri Dashrath Gupta, learned counsel for respondent No.3 the New India Insurance Company Limited, the insurer of the offending vehicle Tractor-Trolley, on the other hand, supported the award and contended that'sis deceased Kunti Bai was aged .. t. about 14 years only and was not having any independent income of her own, the compensation of Rs.1,05,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. ^ 8) Deceased Kunti Bai was aged about 14 years on the date of the accident. She was a student of 8 standard. The claimants are her parents aged about 38 years and 35 years respectively. Claimant No.1 Sadhram, 1he father of deceased Kunti Bai is an agriculturist. 9) The Tribunal while assessing the compensation payable to the claimants has awarded anly Rs.1,000/- towards loss ofestate and damage to the cycle of the deceased. Similarly only Rs.2,000/- has been awarded towards funeral expenses. 10) Considering all the relevant aspects of the matter,we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,05,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.15,000/- inclusive tof interest component on the enhanced amount of compensation in addition to the sum of Rs.1,05.000/- awarded by the Tribunal. 12) Respondent No.3 theNew India Insurance Company Limited is granted three mbnths' time for depositing the total sum ^ of Rs.15,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice \^ Sd/- R.N.Chandraka! Judge 7