.^?BSSS^. ^A -^ <?r HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI N.K. AGARWAL, J. Misc. Appeal (Cl No.807 of 2008 Appellants 6 Respondents Smt. Asha Sindhwani, aged about 35 years, wd/o Pappu @ Murlidhar Singhwani Ku. Preeti Sindhwani, aged about 14 years, d/o late Pappu @ Murlidhar Singhwani Ku. Mala Sindhwani, aged about 12 years, d/o late Pappu @ Murlidhar Singhwani Ku. Divya Sindhwani, aged about 08 years, d/o late Pappu @ Murlidhar Singhwani Jjshu Sindhwani, aged about 1 7z years, s/o late Pappu @ Murlidhar Singhwani Smt. Meera Bai Sindhwani, aged about 65 years, w/o Lolumal Sindhwani Lolumal Sindhwani, aged about 75 years, s/o late Sangatmal Sindhwani No. 2 to 5 minors, through natural guardian mother appellant no.1 Smt. Asha Sindhwani, wd/o Pappu @ Murlidhar Singhwani All R/o Sindhi Colony, Jarhabhata, Bilaspur, Tahsil and district Bilaspur C.G. VERSUS Lakhanlal Sahu, aged about 19 years, s/o Shri Samelal Sahu, r/o ft>:,,.—^.t ^WSSh i "%.sy' Post Lahaud, P.S. Kashdol Tahsil Baloda Bazar, district Raipur C.G. 2 New India Insurance Company Limited, Balodabazar, through Divisional Manager, Regional Office, Ground Floor, Shriram Trade Sent, Opp. Rajeev Plaza, Tahsil and district Bilaspur C.G. Memo of appeal under Section 173 of the Motor Vehicles Act. Present: Shri Goutam Khetrapal and Shri Vijay Sahu, counsel for the appellants. None for respbndent No.1 though served. Shri A.K. Athaley, counsel for respondent No.2. ORDER (07th July, 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 First Additional Motor Accident Clajms Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 10.12.2007, passed in Claim Case No.232/2007. 2) As against the compensation of Rs.39,00,000/- claimed by the appellantS/ claimants, unfortunate widow, minor children and parents of deceased Pappu @ Murlidhar Sindhwani by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 11.05.2007, the Tribunal awarded a total sum of Rs.5,01,500/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. ;s'-' 3) The Tribunal on a close scrutiny of the entire evidence led before it held the New India Insurance Company Limited, the insurer of the offending vehicle Motorcycle bearing registration No. C.G.- 04/CU-1266, liable to pay compensation to the claimants. The Tribunal assessed the income ofthe deceased at Rs.120/- per day; Rs.3,600/- per month; and Rs.43,200/- per annum. By deducting 1/4th of Rs.43,200/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.32,400/- per annum. By multiplying the annual dependency of Rs.32,400/- with the multiplier of 15, the compensation was worked out to Rs.4,86,000/-. By awarding further sum of Rs. 15.500/- under other heads, the Tribunal awarded a total sum of Rs.5,01,500/- as compensation to the claimants for the death of deceased Pappu @ Murlidhar Sindhwani in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.5,01,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri Goutam Khetrapal and Shri Vijay Sahu, learned counsel for the appellants vehemently argued that the Tribunal has erred 111 not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.120/- per day; Rs.3,600/- per month; and Rs.43,200/- per annum only; and in awarding low compensation of Rs.5,01 ,500/- only. 5) Shri A.K. Athaley, learned counsel for respondent No.2, the New India Insurance Company Limited, the insurer of the offending •-^^3S1. i'^iSSiQM^^. ^s^. /ttBS, :1 •^ ^^,::.^-"'-^ ^ ^ •/:' ^^ l^^l» vehicle motorcycle, on the other hand, contended that the Tribunal has liberally awarded excessive sum of Rs.5,01,500/- as compensation to the claimants. 6) 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. It should neither be a meager amount of compensation, nor a Bonanza. 7) Now we shall examine as to whether the compensation of Rs.5,01,500/- awarded by the Tribunal is just and proper. compensation in the facts and circumstances of the present case. 8) True, the claimants pleaded that deceased Pappu @ Murlidhar Sindhwani used to earn Rs.15,000/- per month by selling articles of daily need in different villages, no cogent and reliable evidence was led before the Tribunal for establishing the above occupation of the deceased and his income to the extent of Rs.15,000/- per month. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased and in assessing his income on its ownestimate. 9) 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. 10) The multiplier of 15 selected by the Tribunal cannot be found fault with in view of the fact that deceased Pappu @ Murlidhar ^ ^o'3, ^Mi^W^ Sindhwani, on the date of the accident, was aged about 40 years and the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, prescribes the multiplierof 15 for the age group between 36-40 years. 11) For the foregoing reasons, we do not find any scope for enhancement of thecompensation awarded by the Tribunal either on account of the assessment of the income of the deceased or the claimants' dependency by the Tribunal or the multiplier selected. 12) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 13) No order as to costs. Sd/- ChiefJustice Sd/- N. K. Agarwal Judge ^ubbu 'v