CORAM: DNiSiON BENCH HON’EL? SHRI RAJEEV GUPTA, CJ. HON’BLE SHRE RANGNATH CHANDRAKAR J. Misc. Agneal No. 397 of 2004 HIGH COURT OF CHHATTISGARH AT BILASPUR G Misceiianeous aQneai under Section 173 of the Mater Vehicies Act ‘ ‘Ciaimants/ Applicants 1 . Krishna Singh Rajpoot S/o Singh aged about 47 years. ‘ , y 2.‘ Smt. Subchan Devi w/o Shri Singh Rajpoot agediabout 42 years. ‘ 3. Sarita Rajput aged abaut 22 years, Krishna Singh. 4. Vedprakash Rajput, aged about years, S/c Krishna Singh. Aii resident of Pacharipa‘ra Durg, Tah Disti. Durg (Chhattisgarh) Permanent Address : viiiage : Bija P.O. Deor Tah. Saja Distt. Burg (C.G.) Versus Resgondents Non-appiicants 1. Purshottam Pvdake S/o Namdev Pudake aged 40 years, R/o. Vinoba Bhave Nagar, Tumasar, Tah. Tumasar, distt. Bhandara (Maharastra), Driver, Truck No. MH 31 W6 31 31 1. Smt. Sushila Bai Tambi‘ W/o Satya Narayan Tambi, 506 Swapna Complex, Vardhaman Nagar, Owner Truck No. MH 31 W6311. W6311. Nationai lnsurance Company Limited, Branch Manager, Branch Office, Shri Talkies Road, Gondiya, district Bhandara (Maharashtra) through givisional Officer, Akash Ganga Compiex, Supeia Bhiiai Tan & Distt. Durg (C.G.) Fresent: Shri Amiyakant Tiwari: learned counsei for the Shri Shree Kumar Agrawal, ieamed Senior Counse} with Shri Anandv Gupta‘ learned counsei for respondent No.3. appeliants. None fof respondents No. 1 & 2 though served. v ORDER (3'd’September, 2010) The foilowing order of the Court was passed by Rajeev Gupta: C.J. This is‘ claimants’ appeal for enhancement of the nd Additional Motor Accident Claims Tribunal, Durg (for short ‘the Tribunal') vide award dated 09.03.2004‘ passed in claim case No.108/200’l. 2) As against the compensation of Rs.13,37,000!- claimed by the appellants! claimants, unfortunate parents, sister and brother , of deceased Hitendra Singh Rajput by filing a claim petition under ‘ Section 166 of the Motor Vehicles Act, for his death in the motor ‘ accident on 20.05.2001, the Tribunal awarded a total sum of Rs.1,60,0001- as compensation along with interest @ 9% 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 deceased Hitendra Singh Raiput died on sustained by him in the motor accident on account of the injuries 20.05.2001; the accident occurred due to rash and negligent ver of the offending vehicle Truck bearing compensation awarded by the Seco irrrrrirrdrivlng of the dri registration No. MH-31W/6311; as the above offending vehicle Truck on the date of the accident was insured with the National Insurance Company Limited, the insurance Company was liabie to pay the compensation to the claimants. 4) As the respondents have not filed any appeai against the award, the above findings recorded by the Tribunai have now t attatned finality. 5) The Tribunal assessed the income ‘of the deceased at Rs.1"5,000/- per annum on the basis of the notionai income prescribed in the Second Schedule under Section 163-A of the Motor Vehicies Act, By deducting 1/3” of Rs.15,000/- towards the personai expenses of the deceased, the claimants’ dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000!— with the multiplier of 15, the compensation was worked out to Rs.1,50,000/-. By awarding further sum of Rs.10,0DO/- under other heads; the Tribunal awarded a total sum of Rs.1,60,000/—_ as compensation to the claimants for the death of deceased Hitendra Singh Rajput in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1 ,60,000l- @ 9% per annum from the date of filing of the claim petitiontill the date of actual payment. ‘6) Shri Amiyakant Tiwari, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.15,000/— per annum only; and in awardlna low comnensation of Rs 1 60 OODI- only 7) Shn Shree Kumar Agrawal learned Senior Counsel With Shri Anand Gupta, learned counsel for respondent No.3 the National Insurance Company Limited, on the other hand, submitted that the compensation of Rs.1 ,60,000/— awarded by the VTribunal is just and’ proper compensation in the facts and circumstances of the present case. é) The “claimants pleaded that deceased Hitendra Singh Rajput used to earn Rs.2,500/- per month by working as an Assistant with a Chartered Accountant and in addition to that, he was having agricultural income to the tune of Rst35,000/- per annum. The evidence led by the claimants before the Tribunal to establish the income of the deceased to that extent was not of clinching nature, We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants’ evidence about the income of the deceased. 9) Nevertheless, the income of the deceased assessed by the Tribunal is certainly on the lower side as the accident in the present case took place in the year 2001 and the notional income of Rs.15;000/- was prescribed in the Second Schedule in the year 1994. 10) The claimants are parents, unmarried sister and brother of deceased Hitendra Singh Rajput. The deceased was aged about 24 years on the date of theaccident. it has come in the '5 “i l l evidence of AW1 Krishna Singh Rajput that deceased Hitendra Singh Rajput was his eldest son and all the family member‘s were degendant on his income. ~11) The compensation of Rs41,60,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the - lQwer side and deserves to be enhanced to some extent. 12) Considering ail the relevant aspects of the matter, we are of the opinion that further award of Rs.21,000/— inclusive of interest component on the enhanced amount of compensation would make the compensation of R$.1,60,,000I- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 13) The appeal filed by the a‘ppellants/ ciaimants for enhancement of the compensation; therefore, is allowed in part. The appellants/ claimants are further awarded a sum of Rs.21,000/- inciusive of interest component on the enhanced a amount of compensation, in addition to the sum of Rs.1 ,60,000/- awarded by the Tribunat. :14) Respondent No.3 the National Insurance Company Limited is granted three months’ time for depositing the total sum of Rs2t ,OOOI- before the concerning claims Tribunal. 15) No order as to costs. i7. Sdl- ”xx Chief Justice l. t @