HIGH COURT OF CHHATTISGARH, BILASPim M.A. C. No. 1499/2008 APPELLANTS CLAIMANTS .1. 2. Smt. Jyoti Sharma, W/o Praveen Sharma, aged about 48 years NON-CLAIMANTS ^M ^ Praveen Shariiia, S/o M^aliariga Rain Laliuriya, aged about 50 years 3. Ku. Shi'eya Sharma, D/o Praveen Sharma, aged abouf 15 years Minor appeUant No. 3 through legal guardiaii Mother Smt. Jyoti Sharma, appellaiit No. 1. AU R/o Raman Mandu' Ward, Fafadih, Thana Ganj Raipur, Tahsil and District RaipLir (CG) Versus 1. Surendra Pandey, S/o Ramnafh Pejidey, aged about 39 5/ears, occupation Bus Driver, R/o Pachpedi Naka, Thana Tikarapara, TahsU mid District Raipm', (CG-) 2 Anwar Ali, S/o Saiyy^d AIizned Ali^ occupation vehicle owner, R/o9 Royal Travels Pandari, Raipi-ir, Tahsil mid Distt. Ralpur (CG) 3. The Oriental Insuraiice Coiiipany Limited^ tlirough Divisional Manager, Divisional Office No. 1, Kutcher5'T Chowk, Madiaa Manzil, Jail Road, Raipur, Distt. RaipLir (CG) (Insm'er) SIiri Aditya Khai'e^ Advocate^ for the appellant. Sliri Shivendu Pandya, Adv. for the respondent No. 1. Slii'i Ghaiishyam Patel, Adv., for the respondentNo. 3. SB'. JiySTICB H.K. AGAMWAL OHAL ORDBR (^ -9-2009) 1.. This is claimaiits' appeal seeking enhancement of compensation awarded by the Chief Motor Accident Claims Tribunal, RaipLir vide its award dated 3-7-2008 in Claiiii Ca.se No. 11/2008 whereby and whereunder as against tlie amount of R.s. 20,50,000/- claimed, the claimants have been awarded a total sum of Rs. ^- 2,07,000/- as compensation aiong with interest at tlie rate of6% per annum from the date of application tiU its payment. 2. Clalmants ai'e ui-ifortunate parents and Linnian'ied minor sister of the deceased Mohit Shaiziia aged 19 years, who died tn accident dated 30-8-2007. 3. The claimants preferred aa application under Section 166 of tlie Motor Vehicles Act, 1988 claimmg compeusation against the driver, owner and iiisurer of the offending vehicle. 4. Leanied Ti'lbunal on a close scrutiny of tfae evidence adduced and on appreciation of the material placed on record assessed income ofthe deceased at Rs. 18,000/- per armum. After deducting l/3rd ofit towards personal expenses, dependency has been assessed at Rs. 12,000/- per aiiniim. By applying Diultiplier of 16, leamed Tribunal has assessed Rs. 1,92,000/- as compensation on account of loss of income. By adding a further sum of Rs. 15,000/- towards otlier heads, a total sum of Rs. 2,07,OOO/- has been awarded by tlie Tribunal. The Tribunal has fm'ther awarded interest @ 6% per annum from the date ofapplication. 5. Shri Aditya Khare, leanied comisel for tlie appellants would submit that the compensation awarded is ou lower side aiid the same deseryes to be enhaaced. 6. Per contra, Shii Shivendu Paiidya and Shri Ghaiishyam Patel, leamed counsel appearing for tlie respondonts No. 1 and 3 respectively would submit tliat the aiiiount awarded is just and reasonable and tfae same deserves to be upheld. 7.1 have heard leamed couusel for the parties aiid peinsed the record as also the impugned award. 8. The Tribmial assessed fhe income of the deceased at Rs. 18,000/- per annum, tliough the claimaiits pleaded that < the deceased used to earn Rs. 7,000/- per montli. As per IInd Schedule of tlie Motor Vehicles Act, 1988, tlie notional income fixed by the Statute is Rs. 15,000/- per aniTLmi. The IInd Schedule was brought into fhe Statute book w.e.f. 14-11-1994. Considering the cost of livmg and increase in the price index m the year 2007, Rs. 3,000/- as notlonal monthly income would be appropriate in the facts and circumstances of the case. By deductiiig l/3rd of it towards personal expenses in the facts and circuiiistances of tlie case and in view of the fact fhatthe claimants ai'e 3 ta number, appropriate multiplicand would be Rs. 24,000/- per month. Since the dependents are parents aud mm.or sister, tlierefore, in view of fhe dictLmi of Apex Court in tlie matter of Municipal Corooratioti of Greater Bombav -y- Laxmaa Iver aad another reported in (2003) 8 SCC 731, fhe appropriate multipller would be 10. By applyiiig the niultiplier of 10, the amount would come to Rs. 2,40,000/- towards loss of mcome. By adding Rs. 15,000/- as awarded by tlie Tiibuual towai'ds other heads, the total aniount for which the clainiants ai'e entitled comes to Rs. 2,55,000/-. The Tribi-mal has awarded Rs. 2,07,000/-, therefore, fhe claimmits are entitled for a fmther sum of Rs. 48,000/- as compensation. 9. Considering the relevant factoi-s including the delay ia disposal of the claim petition and the present appeal and the fact that the Insuraiice Company alone is not to be blamed for the delay iu tlie niatter, I ciuantify the ainount of interest 011 the enhanced amouut of compensation ofRs. 48,000/- at Rs. 3,000/-. 10. For the foregomg reasons, the appeal ffled by the appellants/claiinaats for enhancement of fhe compensation is allowed in part The compensatlon of Rs. 2,07,000/- awai'ded by the TribLuiaI is enhanced to Rs. 2,55,000/- with furUier quantified amount of interest of Rs. 3,000/- on the enliaiiced amouiit of compensationofRs. 48,000/-. 11 . The respondent No. 3 / the Insurance Company is granted 3 months' tiiiie for depositing the sum of Rs. 51,000/- (Rs. 48,000/- towards enlianced amount of coinpensation + Rs. 3,000/- towards interest on the enhanced ainount of compensation of Rs. 48,000/-) before the concemed clauiis Tribmial. 12. No order as to costs. Sd/- N. K. Agarwal Judge