•o' ^^ HIGH COURTOF CHHATTISGARH AT BILASPUR DIVIS10N BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Ciaimants Misc. Appeal No. 211 of 2006 1 Smt. Sharda Singh, aged about 49 years Vv/o late Shri Sudama Singh 2 Rajesh Singh aged about 29 years, s/o late Shri Sudama Singh 3 Mukesh Singh, aged about 25 years, s/o late Shri Sudama Singh 4 Dinesh Singh aged about 23 years s/o late Shri Sudama Singh All R/o Deshmukh Bada, behind old Adarsh Nfldhyalalya, Sai Nagar, Jail Road, Police Station Ganj, Raipur, Tehsil & District Raipur (C.G.) VERSUS Resoondents Shekh (S.K.) Amin, aged about 24 years S/o Shekh Shahadat, R/o Singarpur, Haldipazdar, Pofice Station Basta, District Balasur (Orrisa) (Occupation Truck Driver) Ghanshyam Kundu, aged about 38 years S/o Bhaskarchandra Kundu, throu.qh Shri Sudhir Kumar Kar, Post Arad Bazar, Baiasur, district Balasur (Orrisa) (Occupation Owner of Truck) The New India Insurance Company Limited through Divisional Manager, Divisional Office, Jail Road, Kutehery Chowk, Raipur City, Tehsil & District Raipur (C.G.) \» IVIiscellaneous Appeal u/S 173 ofthe MotprVehicle Act. Present: Shri Dharmesh Shrivastava, counsel for the appellants. Shri Sourabh Sharma, counsel for respondent No.3. ORDER •th (06mJanuary,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 Third Additional Motor Accident Claims Tribunal, Raipur (for short, 'the Tribunal') vide award dated 27.09.2005, passed in Claim Case No.131 of 2003. 2) As against the compensation of Rs.21,50,000/- claimed by the appellants/ claimants, unfortunate widow and major sons of deceased Sudama Singh, by fiting a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 22.12.2002, the Tribunal awarded a total sum of Rs.4,42,600/- as compensatlon 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 that deceased Sudama Singh died on account of the injuries sustained by him in the motor accident on 22.12.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.O.R.-01C/5805; as the above offending vehicle i^<" ••'9, "^!-. ^"11 ^. w / ^ Truck, on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.4,949/- per month. By deducting Rs.1,648/- towards the personal expenses of the deceased, the ctaimants' dependency was assessed at Rs.3,300/- per month and Rs.39,600/- per annum. By multiplying the annual dependency of Rs.39,600/- with the multiplier of 11, the compensation was worked out to Rs.4,35,600/-. By awarding further sum of Rs.7,000/- under other heads, the Tribunal awarded a total sum of Rs.4,42,600/- as compensation to the claimants for the death of deceased Sudama Singh in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.4,42,600/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Dharmesh Shrivastava, learned counsei for the appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs.4,949/- per month only though he was getting gross-salary of Rs.6,049/- per month; in selecting the ;^^B^S^^'^:,^^^^S^ii^S^£iS^S;Sw^"*i'sS^ 4 lower multiplier of 11; and in awarding low compensation of Rs.4,42,600/- only. 7) Shri Sourabh Sharma, leamed counsel for respondent No.3, the New India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.4,42,600/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) Deceased Sudama Singh was working as dresser in the Health Department at the time of the .accident. His salary certificate Ex.A/8 reveals that his gross-salary was Rs.6,048/- per month. The evidence of Dr. A.K.Tripathi also establishes the gross-salary of the deceased at Rs.6,049/- per month. In this state of evidence, the Tribunal certainly has fallen into error in assessing the income of the deceased at Rs.4,949/- per month only in place of Rs.6,049/- per month. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs.6,049/- per month. 9) By deducting Rs.2,049/- per month towards the personal expenses of the deceased, the ciaimants' dependency is assessed at Rs.4,000/- per month and Rs.48,000/- per annum. 10) The multiplier of 11 selected by the Tribunal, in our opinion, is appropriate as deceased Sudama Singh on the date of the accident was shown to be 52 years of age and the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in 6 SCC 121, prescribes the multiplier of 11 for the age group between 51 -55 years. 11) By multiplying the annual dependency of Rs.48,000/- with the multiplier of 11, the compensation works out to Rs.5,28,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.5,43,000/- as compensation for the death of deceased Sudama Singh in the motor accident. 12) Learned counsel for the parties siibmitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself. 13) Considering all the reievant aspects of the matter, including the delay in disposal of the claim petition and the present appeal; and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.1,00,400/-at Rs.10,600/-. 14) For the foregoing reasons, the appeal fited by the appeliants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.4,42,600/- awarded by the Tribunal is enhanced to Rs.5,43,000/- withjyrther_auaotified Cs) amount of interest of Rs.10,600/- on the enhanced amount of compensation of Rs.1,00,400/-. 15) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,11,000/- (Rs.1,00,400/- towards enhanced amount of compensation + Rs.10,600/- towards quantified amount of interest on the enhanced amount of compensation of Rs.1,00,WOI-) before the concerning Claims Tribunal. 16) No order as to costs. Sd/- ChiefJustice Sd/- Rangaath Chandrakar Judge subbu