HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH o CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellants Misc Appeal (0 No. 761 of 2011 1 Smt. Saraswati Thakur, w/o. Late Deendayal, aged about 38 years. 2 Dhalendra Kumar Thakur, s/o. late Deendayal, aged about 16 years. 3 Daleshwar Kumar, s/o. late Deendayal, agedabout14years. 4 Ku. Sujata Thakur, d/o. late Deendayal, agedabout 12years. 5 Shri Bisru Thakur, s/o. late Paltan Thakur, aged about 75 years. 6 Smt. Janki Bai, w/o. Bisru Thakur, aged about 70 years. Appellants No. 2 to 4 minor through natural guardian mother Smt. Saraswati Thakur, wd/o. late Deendayal. All are residents of village & P.0. Achholi, P.S. Sanjari, Tehsil Daundilohara, District Durg (CG). Respondents VERSUS Surendra Kumar Choubey, s/o. Vishnu Prasad Choubey, r/o. Ward No. 14, Baldevbaag, Rajnandgaon (CG). ... Driver of the vehicle. Mohammad Anish Bharat Travels, Old Bus-stand, Rajnandgaon (CG). Owner of the vehicle. .^^-^^ ''c^ "l^.i ! MACNo.761 of 2011 VA The Branch Manager - The New India Insurance Company Umited, Parakh Bhawan, Station Road, Durg, District Durg (CG). .. Insurer of the vehicle. Miscellaneous Appeal under Section 173 of MotorVehicles Act Present : Shri PR Patankar, counsel for the appellants. ORDER (01st August, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri PR Patankar, learned counsel for the appellants is heard on IA No.1/2011 , an application for condonation of the delay in filing the appeal. 2) On due consideration of the submissjons of learned counsel for the appellants and the grounds taken in the application, we are satisfied that the appellants have succeeded in showing sufficient cause for the delay in filing the appeal. 3) IA No.1/2011, therefore, is allowed and the delay in filing the appeal is hereby condoned. 4) Shri P.R. Patankar, learned counsel for the appellants is heard on admission. 5) The appellants are seeking enhancement of the compensation awarded by the First Additional Motor Accident 't '^ '5s. MACNo.761 of 2011 ^-' < Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 26.11.2010, passed in Claim Case No.87/2009. 6) As against the compensation of Rs.43,24,000/-, claimed by the appellants/claimants, unfortunate widow, minor children and parents of deceased Deendayal Thakur, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 02.06.2009, the Tribunal awarded a total sum of Rs.12,28,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 7) Shri P.R. Patankar, learned counsel for the appellants vehemently argued that the Tribunal has erred in selecting the lower multiplier of 11; and in awarding low compensation of Rs.12,28,000/-only. 8) In a motor accident claim case what is important is that the compensation to be awarded by the Courts / Tribunals should be just and proper compensation in the facts and circumstances of the case. 11 should neither be a meager amount of compensation, nor a bonanza. 9) Now, we shall examine as to whether the compensation of Rs.12,28,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) The claimants cannot have any legitimate grievance about the assessment of the income of the deceased by the Tribunal at Rs.20,284/- per month as they themselves pleaded and proved the income of the deceased to that exteht only. '^\ ^, MACNo.761of201T n 11) The claimants' dependency .also has been rightly assessed by the Tribunal by deducting only 1/4 of the income of the deceased towards his personal expenses. 12) The multiplier of 11 selected by the Tribunal considering that claimant No.1 Smt. Saraswati Thakur, widow of deceased Deendayal Thakur was provided a compassionate appointment by the employer of the deceased; the fact that deceased Deendayal Thakur was aged about 45 years on the date of the acddent; the fact that the parents of the deceased were aged about 75 years and 70 years, respectively, cannot be found fault with. 13) Even otherwise, the compensation of Rs.12,28,0007- awarded by the Tribunal considering that deceased Deendayal Thakur was aged about 45 years and was working as Sub-Engineer; his widow has been provided compassionate appointment by the employer of the deceased, when examined in the context of the dictum of the Apex Court in the case of Bhakra Beas Management Board Vs. Smt. Kanta Aggarwal and others, reported in 2008 AIR SCW - 5256, in our opinion, cannot be termed as inadequate so as to warrant enhancement in this appeal. 14) For the foregoing reasons, the appeal filed by the appellants/ ctaimants for enhancement of the compensation is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge subbu