K-^U^} i'3l-S!?;i' IN THE HIGH COURT OF JUDICATURE ATBILASPUR CC.G.) M.A. f0 ^p /2009 i&f &S852 WK ', CLAIMANTS (I. V,v 'l't. •" ^w^'" ^^T^:.- '<•..&»*•""• •A: • ^^ ,^ .^^-' y'r^- ^^ RESPONDENTS: NON-APPLICANTS ,1. Suresh Kumar Yadav S/o late Nandu Yadav aged about 24 years, R/o Village- Parasboda, Thana. - Somani Post.- Banabghera, Tahsil & District - Rajnandgaon (C.G.) 2. Mahesh Kumar Yadav S/o late Nandu Yadav aged about 28 yeas, R/o Village - Parasboda, Thana - Somani Post.- Banabghera, Tahsil & District Rajnandgaon (C.G.) 3, Smt. Ramhinbai Yadav W/o Nandu Yadav , aged about 55 years, R/o Village - Parasboda, Thana - Somani, Post. - Banabghera, Tahsil & District - Rajnandgaon (C.G.) VERSUS 1. Goucharan Satnami S/o Janghaliya Satnami aged about 30 years, Occupation Driver, R/o Village Parasboda, Thana - Somni, Post. - Banabghera, Tahsil & District - Rajandgaon (C.G.) Janghaliya Satnami S/o Boselal Mahilan, aged about 45 years, R/o Village Parasboda, Thana - Somni, Post. Banabghera, Tahsil & District - Rajandgaon (C.G.) IFCO TOKIYO Branch General Insurance Company Ltd., Raipur Branch Office Thi.rd flour 345-347 Lal Ganga Sopping maul G.E. road, Raipur (C.G.) ^- ^ Miscellanceous Appeal under Section 173 of the Motor Vehide Act, 1994 \A ^ ^r. v^ ^'aa.sacyiff-zSI ^ H!GH COURT OF CHHATTISGARH AT BILASPUR APPELLANTS RESPONDENTS M.A.C No. 880 of 2009 Suresh Kumar Yadav & others VERSUS Goucharan & others . (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES (SB: Hon'ble Mr. N.K. Aaarwal, J.) Present : Shri SC Verma, Advocate for the appellant. ORALORDER (Passed on 25.07.2011) 1. Matter is passed over twice. On both the occasions none appears on behalf of respondents, therefore, matter is heard finally in the absence of respondents. 2. This is claimants appeal seeking enhancement in the award dated 17.04.2009, passed by Additional Motor Accident Claims Tribunal (FTC), Rajnandgaon (for short 'the Tribunal') in claim case No. 44/07. 3. As against compensation of Rs. 8,75,000/- claimed by the claimants i.e. major sons and wife of deceased Nandu Yadav, aged about 60 years, by filing application before the Tribunal under Section 166 of the Motor Vehicles Act, 1988 (for short 'the MV Act') for the death of deceased in the motor accident on 11.02.2007, the Tribunal assessed and awarded total sum of Rs. 1,00,000/- along with interest @ 6 percent per annum from the date of application till its actual payment against the owner of the offending vehiele. ^.-..-..- ^ 5. 6. The Tribunal, on a close scrutiny of the evidence led by the parties, material available on the record, and submissions of the parties, hetd : the accident had occurred due to rash and negligent driving of driver of Tractor-troliey bearing registration No. CG-07-D-7880 & 7881; Nandu Yadav, aged about 60 years; died on account of injuries sustained in the said accident; exonerating the respondent No. 3/insurance company from its liability to pay compensation as the vehicle was being plied in violation of policy conditions; assessed income of the deceased at Rs. 24,000/- per annum; deducted 1/3 of it towards personal and living expenses; looking to the age of 60 years at the time of accident applied multiplier of 5 and awarded total sum of Rs. 1,00,000/- as compensation in favour of claimants as against the respondent No. 2 i.e. owner of the vehicle. Shri Verma, leamed counsel appearing for the appellants would submit: the Tribunal has applied low multiplier of 5, and therefore has erred in awarding low amount of compensation which deserves to be suitably enhanced. As per postmortem report of deceased Nandu Yadav, he was 60 years old at the time of accident. Except appellant No. 3 i.e. wife of deceased, other two (i.e. appellant No. 1 & 2) being major sons of deceased were not dependent upon deceased Nandu Yadav. However, when the amount of compensation awarded by the Tribunal is examined in the light of dtotum of Supreme Gourt in case of Sarla Verma (Smt.) & others V. Delhi ^ Transport Corporation and another, reported in 2009 (6) SCC 121, in my opinion, the Tribuna! has certainly fallen in error in applying low multiplier of 5 and in awarding low amount of compensation of Rs. 1,00,000/- only. 7. Considering every aspects of the matter and the fact that appellant No. 1 & 2 were not dependent upon the deceased Nandu Yadav, in my opinion, further amouht of Rs. 20,000/-, in additionto the amount already awarded will make the amount of compensation asjust and propercompensation. 8. For the reasons mentioned hereinabove, the appeal is allowed in part. The appellants are awarded further sum of Rs. 20,000/- as compensation in addition to Rs. 1,00,000/- awarded by the Tribunal. The appeilants/claimants are now entitled for Rs. 1,20,000/- as compensation in place of Rs. 1,00,000./- as awarded by the Tribunal. The additional amount of compensation of Rs. 20,000/- shall carry interest @ 6% per annum from the date of filing of the claim petjtion ti!l its actual payment. Rest of the conditions mentioned in the award shai remain intact. The award stands modified to the above extent. 9. No order as to costs. Sd/- N.K. Agrawal Judge Sahu