/?/:l// / " 1 " u HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM. HON’BLE SHRI RAJEEV GUPTA CJ HON’BLE $HRI RANGNIATH CHAVDRAKAR J Misc. Appeai No. 13 of 2005 1. Antardhyani Yadav Slo ‘Shri Trnokram Yadav, aged about 38 years. 2 Trinath Yadav S/o Shri Trilokram Yadav, aged about 28 years The'above ‘named appellants are R/o Village-Ajagnagar, Tahsii Surajpur, district Su‘rguja, (C.G.) Versus Respondents 1. Rubalja Khatun W/o Mohd. Azim Vehicle Gwner RIO Takiya Road, Ambikapur, Tahil Ambikapur, District Surguja, (C.G.)“- 2. Mohd Nalm Slo Mohd Salum Driver R/o Rasulpur Post Ambtkapur District Surgu1a (C G ) 1 3. United india Insurance Company Ltd. through : The Branch Manager, United 'india Insurance company, near Ram Mandir Ambikapur, district Surguja, (C.G.) Memorandum of aggeal under Section 173(2) of the Moto Vehictes Act 1983 Present: Shri Sushil Dubey, Iearned counsei for the appellants Shri Mano; Paranjpe Ieamed counsel for respondent NG i Shri Dashrath Gupta, learned counsel for respondent No.3. None for respondent No.2. ORDER § The foilowing order of the Court, was passed by Rajeev Gupta, C.J. The appeliants are seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims TribunaL Surajpur district Surguja (for short‘the Tribunal) wde award dated 3O 10 2004 passed in Claim Case No 11/2004 2) As against the compensation of Rs.24,52,000/— claimed by ~the appellants! claimants, unfortunate sons of deceased Trilokram Yadav by filingaclalm petition under Section 1 66 of the. Motor Vehicles Act for his death in the motor accident on 08 11 2003 the Tribunal awarded a total sum of Rs 60 000/- compensation along wrth interest @ 7% per annum from the date of fling 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 Trilokram Yadav died on account of the injuries sustained by him in the motor accident on 08.11.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No. C.G.-15-ZA/1280; as the offending vehicle Jeep on the date of the accident was insured with the United lndia insurance Company Limited, 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 finalit / Ay V @ 5) ’The Tribunal considering that both the claimants were major sons of the deceased awarded a lumpsum of Rs.60,00Q/- as eompensation to the claimants for the death of their father Trilokram Yadav in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.60,000/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Sushil Dubey, learned counsel for the appellants submitted that the Tribunal has erred in awarding low compensation of Rs.60,000/- only. 7) Shri Dashrath Gupta, learned counsel for respondent No.3 the United lndia Insurance Company Limited, on the other hand, submitted that as the claimants are major sons of the deceased, the compensation of Rs.60,000/- aWarded by the Tribunal is just and proper compensation in the facts and circgu’mstances of the present case. 8) Shri Manoj Paranjpe, learned counsel for respondent No.1, the owner of the offending vehicle also supported the award. - ,9) The claimants pleaded that deceased Trilokram Yadav used to eam Rs.200/- per day as Mason. As the evidence led by the claimants about the income of the deceased is not of clinching nature, the in‘come of the deceased can be safely assessed on the basis of the notional income which we have taken at Rs.30,000/- in the year 2003 in other cases. We, //%V/l, therefore, propose to recompute the compensation taking the income of the deceased at Rs.30,000/— per annum. 10) . Censidering that both the claimants are major sons of the deceased Who must be having their own independent income,.we deem it proper to deduct 50% of the'income of the deceased towards his personal expenses. ' The claimants’ dependency, therefore; is assessed at Rs.15,000/- per annum. 11) Considering the age ofthe deceased, we are of the opinion that multiplier of 5 would be appropriate in the present case. 12) By multiplying the annual dependency of Rs.15,000/- with the multiplier of 5, the compensation works out to Rs‘75,000/-. The claimants are further entitled to receive Rs.5,000!— towards funeral eXpenses and Rs.5,000/— towards loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.85,000/— as compensation for the death of their father Trilokram Yadav in the motor accident. 13) A further sum of Rs.3,000/- is awarded to the claimants towards quantified amount of intereston the enhanced amount of compensation of Rs.25,000/-. 14) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.60,000/— awarded by the Tribunal is enhanced to Rs.85,000/- with further quantified amount of interest of Rs.3,00D/- on the enhanced amount of compens/ationiigszaoowa L //,/s " rr~l ir:'ff':vfi:’,r 15) Respondent No.3 The United India Insurance Company of Rs.28,000/— (Rs.25,000/~ towards enhanced amount of- compensation f Rs.3,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.25,000/-S before the concerning Ctaims Tribunal. 16) No OW ‘ K Limited is granted three months’ time for depositing the total sum i Sdl ,\ l » SdL Chief _ Justice " . r, t, ii i Li ‘ Rangnath Judge Chandrakar nimmi l "f/