A-^-J^ —s. ^ .^; HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR,J Appellants Claimants Respondents Non-Applicants Misc Apoeal No.684 of 2003 1 Smt Bharti Dhada W/o Shanti Dhada Aged about 40 years, house wfe 2 Shanti Dhada S/o Sharat Dhada Aged 45 years, both are R/o 18, Block, House No.9 Mana Camp PS & Post Mana Tah S Distt Raipur (CG) Versus 1 Tapas @ Rampad Matik S/o Nagendra Mallik Aged 32 yeare, OccupaUon - minibus Drtver R/o New Market Mana Camp, PS & Pcst Mana Camp, Tah & Distt Raipur (CG) 2 Haradhan Chandra Day, S/o Narayan Chandra Day (Mini bus cwner) R/o New Market Mana Camp, PS & Post Msma Camp, Tah & Distt Raipur (CG) 3 The Oriental Insurance Co. Ltd., Through Divisional Manager, Divisional Office No Chawta Complex, Devendra Nagar Raipur (CG) Miscellaneous appeal under Section 173 ofthe MotorVehicteAct.1988 il I Present Shri Aditya Khare, counset for the appellants. None forrespondents No.1 & 2 though servsd. Shri AKAthaley, counsel for respondent No.3. ORDER (13th November, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. ^s^ Thte is claimants' appeal for enhancemant of the compensation awarded by the Firet Additionat Motor Accldent Claims Tribunal, Raipur (for short the Tribunal') vide award dated 08.05.2003, passed in Claim Case No.169/2002. 2) As against the compensation of Rs.22,00,000/-, claimed by the appellants/claimants, unfortunate parents of deceased Suilt Kumar Dhada, by filing a clalm petition under Section 1 of the Motor Vehicles Act, for his death in the motor accidert on 04.10.2002, the Tribunal awarded a total sum of Rs.1,22,(XX)/- as Gompensation along with interest @ 6% per annum from the date of filing of the claim petltion till the date of actual payment. 3) The Tribunal assessed the income of the deceased at Rs.1,500/- per month and Rs.18,000/- per annum. By deducting 1/3rd of the income of the deceased towards his personal expenses, the claimants' dependency was assessed at R8.12,OCK)/- per annum. By multiplylng the annual dependency of Rs.12,000/- with the multiplier of 10, the compensation was worked out to Rs.1,20,000/-. By awardtng further sum of Rs.2,000/- tawards funeral expenses, the Tribunal awarded a total sum of Rs.1,22,000/- as cpmpensation to the clatmarrts for the death of their son Sujit Kumar Dhada In the motor accident. 4) Shri Aditya Khare, learned counsel for the appellants submitted that the Tribunal has erred in not accepUng the claimants' evidence about the income of the deceased and in assessing his income at Rs.1,500/- per month and Rs.18,00)/- per annum only; in selecting lower multiplier of 10; and in awarding low compensation of Rs.1,22,(XX)/- only. 5) Shri AK Athaley, learned counsel for respondent No.3, The Oriental Insurance Company Llmtted on the other hand supported the award and contended that the compensatlon of Rs.1,22,000/- awarded by the Tribunal is just and proper compensatlon in the present case as theclaimants could not establish the income of the deceased as pteaded by them. 6) As the respondents have not fil®Jany appea} against the award, the findings recorded by the Tribunal that deceased Sujlt Kumar Dhada died on account of the injuries sustained by hlm in the motor accident on 04.10.2002; the accident occurred due to rash and negligent drlving of the dmer of the offendlng vehicle minibus; as the offending vehicle minibus on the date of the accident was insured with the Oriental Insurance Company Limlted, the Insurance Company was liable to pay compensation to the ctaimants, have now attained finality. That apart, these findings are not under challenge before us in thls appeal. We, therefore, affirm the above findings recorded by the Tribunal. 7) Tme, the claimants pleaded that deceased Sujit Kumar Dhada used to eam Rs.3,000/- per month as cteaner on e minibus, but the evidence led in that behalf was nrt of ellnching nature. We, therefore, do not find any fault in the approach ofttie Tribunal in discarding the claimants' evidence about the income of the deceased. ,yy\ i''. i:h^/ •l?,:,5,^' 8) Nevertheless. ttie income of the deceased ass^sed by the Tribunal at Rs.1,500/- per monthand Rs.18,000/- per annum is certainly on the lower side and requires re-consideratton. 9) Claimants' son Sujit Kumar Dhada on the derte of the accident was aged about 20 years. In the year 2002, he could have easily earned Rs.80 - 90/- per day even by working as an un-skilled labour. We, therefore, propose to re-compute the compensatlon taking the income of the deceased at Rs.2,500/- per month and Rs.30,000/- per annum. 10) As deceasal Sujit Kumar Dhada was un-married on the date of the accident and after his marriage his contributton to the ctaimants would have been reduced substentially, we deem it proper to deduct 50% of the income of the deceased towards his personal expenses in vlew of the dictum of the Apex Cairt in the case of Syed Basheer Ahamed and Others Vs Mohammed Jameeland Another reported in (2009) 2 Supreme Court Cases 225. The claimants' dependency, therefore, is asse^ed at Rs.15,000/- per annum. 11) ThemultiplieroflOselected bytheTribunalcannotbefound fault with consldering that the claimants are parents of the deceased and in view of the dictum of the Apex Court in the case of Municipal CorDoration of Greater Bombav Vs Laxman Ner amt another. reported in (2003) 8 SCG-731, wherein it was held that in those cases where the claimants are parents of the deceased, the multiplier should never exceed 10. /^'^ 1 12) By muNiplying the annual dependency of Rs.15,000/- wtth the multiptier of 10, the compensation works out to Rs.1,50,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.1,60,000/- as compensation for the death of their son Sujit Kumar Dhada In the motor accident. 13) Leamed counsel for the parties submitted that with a view to avoid any possible dlspute between the parties about the period for whlch the clalmants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensatlon may be quantlfled in this appeal itself. 14) Conslderingall the relevant factors includlng the delay in disposal ofthe claim petition and the present appeal, and the fact that the Insurance Company alone is not to be blamed forthe entire delay in the matter, we quantity the amount of interest on the enhanced amount of compensation of Rs.38,000/- at Rs.4,000/-. 15) For the foregoing reasons, the appeal flled t>y the clalmants for enhancement of the compensation is allowed In part. The compensation of Rs.1,22,000/- awarded by the Trtbunal fe enhanced to Rs.1,60,000/- with further quantified amount of tntere^ of Rs.4,000/- on the enhancal amount of compensation of Rs.38,000/-. 16) Respondent No.3 The Oriental lnsuran<% Company Limited is granted three months' time for depostting the total sum of Rs.42,000/- (Rs.38,000/- towards enhanced amount of ]ift»mi»ia,a 6 compensation + Rs.4,0(X)/- towards quantifiaJ amount of interest on the enhanced amount of compensation of Rs.38,000/-) befbre the concerning Clalms Tribunal. V7) No order as to costs. sd/- Chief Justice Sd./- R.N. Chandrakar &* padma