S) '\i IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR ( MISC. APPBAL (Cl G^' f2007 APPBLLANTS 'CIaimants ^' ^:.^'A-' Smt. Rupay Bai, aged about 45 yrs. W/o Late Chandan Singh ^^ ^. Pa^zan aged about 25 years, S/ o Late Chandan Singh, J3^ Shrawan Kumiar, aged about 13 years^ S/o Late Chandan Singh 4^^-'Ku. Sarita aged about 11 years, D/o Late Chandan Singh Appellant No. 3 and 4 being minor through natural guardian mother Smt.. Rupay Bai All by Caste Gond^ R/o Villa.ge Ran.vo.hi, Tftana and Tahsil Bhanupratappur, Distt. U.B. Kanker VBRSUS RESPONDENTS Driver Owner ^^ l.^ Abdul Shamim ,aged about 39 years, S/'o Abdul Hakim, by Caste Musalman, Bashir Ali S/o Mir Mohd Ali, By Caste Musalman^ Both R/o Shitlapara, Kanker C.G. 3^ The Oriental Insurance Co. Ltd., Through Branch Manager, Near Adarsh Bal Mandir, Main Road, ; Distt. DhamtarL ^ ^" MISC. APPEAL\UNDER SECTION 173 MOTOR VBHICLE ACT198S ^ AGAINST THE AWARD DATED 19/2/07 PASSED BY SHRI K.VINOD KUJUR,^^COND ADDITIONAL MOTOR ACCIDENT CLAIM TRlBUNAVIF.T.C.t. UTTAR BASTAR KANKER IN CLA1M CASE N0. 32/2006. HiGH COURT OF CHHATTSSGARH AT BILASPUR SVS.A.CONo. 622 of 2007 Smt. Rupay Bai and others. APPELLASSiTS CSaimants RESPONDENTS Versus Abdul Shamim and others. Miscelianeous aoseal under Section 173 of the Syiotor Vehides Act. 1988 D.B: Present Hon'bie SVIr.Justice N.K.Aaarwal & Hon'ble IVIr. Justice R.N.Chandrakar Shri Parag Kotecha, counsei for the appellants. Shri Raj Awasthi, counse! for respondent No.3/lnsurance Company. Per N.K. Aaarwai. J O R D_E R (09.11.2011$ 1. This is claimants' appeal seeking enhancement of compensation awarded by the Second Addltiona! Motor Accident CSaims Tribuna!, North Bastar, Kanker (for short *the Tribuna!') in claim case No. 32/2006 vide award dated 19.2.2007. 2. As against compensation of Rs. 5,18,000/- claimed by unfortunatewidow and chiidren of deceased Chand^n Singh by fjjjng cteim petition under Section 166 ofthe Motor Vehicles Act, 1988 (for short 'the Act') for the death of deceased in the motor acddent on 12.1.2006, the Tribunal awarded a total sum of Rs. 1,00,000/- to the clalmants aiong with interest @ 6 percent per annum from the date of fiiing of claim petition til! its actual payment. 3. The Tribunal, on a close scrutiny of the evidence led, held : the acddent had occurred due to rash and negiigent driving of offending \yeh|c!e Mahindrda Jeep bearing registration No. CG 19 T/0141,by its driver i.e. respondent No. 1; deceased Chandan Singh died on account of injuries sustained by him in the sald accident; respondent No. 3/lnsurance Company iiable for payment of compensation as it couid not estabtish the Ayr^ 8. 9. 10. violation of policy conditions; assessed and awarded aforementioned amount of compensation to the ciaimants along with Interest @ 6 percent per annum from the date of accident tljl Its actual payment. Shri Parag Kotecha, Searned counse! for the appeliants wouid submit: the Tribunai has erred in assessing income of the deceased as Rs.15,000/-; jn applying muitipiier of 8; and in awarding low amount of compensation to the claimants. On the other hand, Raj Awasthi, learned counsei appearing for respondent No. 3/ The Oriental Insurance Company Limited, supported the award impugned and submitted, in the facts and circumstances of the case, compensation av</arded by the Tribunal is just and proper compensation and does not call for any interference. We have heard the learned counse! appearing for the parties and perused the material available on record induding award impugned. True, the claimants pleaded deceased Chandan Singh used to earn Rs.3,000/- from agricuiture and working as Labourer but no cogent and ciinching evidence js adduced to substantiate the same. The only witness examined by the ciaimants is appeliant No. 1 Smt. Rupay Bai, who has not stated anything regarding income of the deceased in her cross examinatjon. Nevertheiess, in the year 2006, an unskjlied labour can certainly earn Rs.2,000/- per month. Therefore, vve propose to recomputed the amount of compensation by taking into consideration the income of the deceased as Rs.2,000/- per month and Rs.24,000/- per annum. After deducting usuai 1/3rd of Rs. 24,000/- towards personai expenseS of the deceased, claimants yearly dependency is assessed at Rs. 16,000/-. As per post mortem report, deceased was aged about 55 years at the time of accident. The Apex Court in case of Sarla Verma (Smt.S and others Vs. Deihi Transport CorDoration and ,^~ ''%^' ff / '^ 'A i &-.,..^ l ^SBi.h I ^•-^^^•""-^q i'- ^ '^.J^ '^ •^y ^^^•^^' another reoorted in (2009) S SCC 121 has prescribed the mu!tjpiier of 11 for the age group between 51 to 55 years. 11. By multipiying the daimants annual dependency of Rs.16.000/- with the multiplier of 11, the compensation on account of loss of dependency to the claimants works out to Rs.1,78,000/-. The cSaimants/appeilants are further entitted for Rs. 15,OOG/- on other heads (Rs. 5000/- each on account of funeral expenses, loss of consortium and ioss of estate), and thus the claimants are entitled for a total sum of Rs. 1,91 ,000/- as compensation instead of Rs. 1,00.000/- as awarded by the Tribunal. 12. For the foregoing reasons, the appea! fjled by the appeilants for enhancement of compensation is aiiowed in part. The compensation of Rs. 1,00,000/- awarded by the Tribunal is enhanced to Rs. 1,91,000/-. The appeilants/ciaimants are further entitted to receive Rs.91,000/- over and above the amount awarded by the Tribunal. Enhanced amount of Rs.91,000/- shal! carry interest @ 6% per annum from the date of fjling of ciaim petition till its actual payments. Award is modified to the above extent. Rest of the conditions mentioned in the award shail remain jntact. • 13. The respondent No. 3/0rientai Insurance Company is granted three months time to deposit enhanced amount of compensation of Rs.91,000/- along with interest @ 6 % per annum from the date of fiiing of claim petition before the concerned Ciaims TribunaS. 14. No order as to costs. Sd/- N.K. Agarwal Judge Sd/- R.N. Chandrakar Judge D/- 'v