HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 1558 of2009 t. Appellants Claimants Respondents Kamal Ram Baghel s/o Sufal Das, aged about 35 years, Smt. Sukalya Baghel w/o Kamal Ram, aged about 32 years, Both are r/o near Atal Niwasi, Soridbhat Dhamtari, Tahsil & District Dhamtari C.G. VERSUS Devanand Sahu s/o Johan Sahu aged about 32 years, r/o Maheshwar Ward Dhamtari, tahsil & District Dhamtari C.G. (Driver of the offending vehicle) Om Prakash sahu, s/o B.R. Sahu, aged about 29 years, r/o. Kostapara Ward, Dhamtari Tahsil & District Dhamtari C.G. (Owner of the offending vehicle) Branch Manager, the Oriental Insurance Company Limited, near Balak Chowk, Singh Sabha Gurudwara, Dhamtari, district Dhamtari C.G. (Insurer of the offending vehicle) Misc. Appeal under Section 173 of the Motor Vehicle Act. Present: Shri P.K. Patel, counsel for the appellants. Shri Ashish Beck, counset for respondent No.3. ORDER ^th (19r"September,2011) ,-ST^ /y^.~\ jf 1 "^;^^^4^^ ^ \^"y M.A.C.No.1558 of 2009 The following order of the Court was passed by Rajeev Gupta, CJ. The unfortunate parents of deceased boy Arun Kumar Baghel are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 30.09.2009, passed in Claim Case No.256/2008. 2) As against the compensation of Rs. 10,00,000/- claimed by the appellants/ claimants, unfortunate parents of deceased boy Arun Kumar Baghel, aged about 15 years, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for his death in the motor accident on 14.09.2008, the Tribunal awarded a total sum of Rs.72,000/- 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 that the claimants' son Arun Kumar Baghel died on account of the injuries sustained by him in the motor accident on 14.09.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Metador bearing registration No.C.G.-05-C/6070; as the above offending vehicle Metador on the date of the accident was insured with the Oriental 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. .,^-;^'^\ :-i"^ ::'/s^^ ^ .-^ -y M.A.C.No.1558 of 2009 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 considering the age of the deceased and his parents awarded lump-sum of Rs.72,000/- inclusive of Rs.22,000/- under other heads as compensation to Ihe claimants for the death of their son Arun Kumar Baghel in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.72,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri P.K. Patel, learned counsel for the appellants submitted that the Tribunal has erred in awgrding low compensatioh of Rs.72,000/- only though the appellants' son would have extended great support to the app^llants in their old age. 7) Shri Ashish Beck, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle Metador, on the other hand, supported the award and contended that as the claimants could not establish any definite and regular income of their son Arun Kumar Baghel, the compensation of Rs.72,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) In a motor accident claim case what is important is that the compensation to be awarded by the Courts/Tribunal should be M.A.C.No.1558 of 2009 just and proper compensation in the facts and circumstances of the case. It shoUld neither be a meager amount of oompensation nor a bonanza. 9) Now, we shall examine as to whether the compensation of Rs.72,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Deceased Arun Kumar Baghel was aged about 15-16 years on the date of the accident. The claimants pleaded that he used to earn Rs^S.OOO/- per month by working at a tea-stall in the village. The claimants are his father Kamal Ram Baghel aged about 35 years and mother Smt. Sukalya Baghel aged about 32 years. Claimant No.1 Kamal Ram Baghel is a rickshaw-puller by occupation whereas claimant No.2 Smt. Sukalya Baghel is a labour. It is true that the claimants lost their son in the motor accident and would suffer mental agony in that behalf for whole of their life. 11) The compensation of Rs.72,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.30,000/- inclusive of interest component on the enhanced amount of oompensation would make the compensation of Rs.72,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. --.^ ' ^^.'' M.A.C.No.1558 of 2009 13) 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.30,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum pf Rs.72,000/- awarded by the Tribunal. 14) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.30,000/- before the concerning Claims Tribunal. 15) No order as to costs. —- subbu Sd/- Chief Justice Sd/- R.N. Chandrakar Judge