\ HIGH_CQURT OF CHHATTISGARHAT ^E CJ. N.K. J. Appeai (C) No.1357 of'2907 ADDellaiits 1 Ciaimants before the Tribunsl 2 t— Smt Sushlia Bai, aged about 21 years, W/o Santosh Nirmalkar Sagar Nirmaikar, aged about 2 years, S/o Late Santosh Nirmaikar, through guardian mother Smt Sushila Bai NirmaSRar .» Smt Sahodra Bai Nirmalkar, aged about 60 years, W/o late Lacchuram Nirmalkar Atl R/o SitEapara, Ram Nagar, Near Mahetru Kira Store, Pollce. Station : Gudiyari, Raipur, Tahsil & Distt Raipur (CG) o Respondents Non-apDSicants beiore_ ,the Trlbunal Baidev Mehra, aged about 28 years, S/o Barelal Mehra, occupation : Truck Driver of offending vehicle, R/o Viliage Golai, Police Station : Chopna, Distt Baitui (MP) Baiaji Transport Company, C/o Bhushsn Wadhwans, aged about 37 years, S/o Laxman Das Wadhwani, R/o Viliage 10/B Wing, Sita Estate, Aziz Bag, Mahui Road, Chembur, Mumbai (Maharashtra) The New india Insurance Co Ltd., DQ 1125000, Mani Mahal, 3rd Fioor, 11/21 Mehur Road, Opera House Mumbai 400004 C/o Divislonal Office, Manager New indian Insurance Company Limited, Madina Buiiding Kachhari Chowk, Raipur (CG) F ..^S^%:- 1 //"^ ^ " I , ^ ^mw^ IVIIsc. ADpeai under Sectlon 173 of the Motor Vehicie Act. 1988 Present: Shri CK Sahu, counsei for the appeiiants. None for respondents No.1 and 2. Shri Deepak Gupta, counsel for respondent No.3. ORDER (17th June,' The foliowing order of the Court vvas passed by RajeevGupta, C.J. This is ciaimants' appeai for enhancement of the compensation awarded by the 3 Additlonai IVIotor Accident Ciaims Tribunal, Raipur (for short 'the Tribunai5) vide award dated 03.08.2007, passed in Claim Case No.35/2007. 2) As against the compensation of Rs.43,85,000/-, claimed by the appellants/claimants, unfortunate widow, minor son and mother of deceased Santosh Nirma!kar,.by fiiing a claim petition under Section 166 of the Motor Vehlcles Act, for his death in the motor accident on 05.07.2006, the Tribunai awarded a tota! sum of Rs.2,97,000/- as compensation aiong with interest @ 6% per annum from the date of fiiing of the claim petition til! the date of actuai payment. 3) The Tribunai on a close scrutiny of the entire evidence )ed before it held that deceased Santosh Nirmalkar died on account of the injuries sustained by him in the motor accident on 05.07.2006; the accldent occurred due to rash and negligent driving of the driver of the offending vehide truck bearing registration No.HR- •"^'~'A--''-.L;-., '\ 1 '">-.^y '•^,^...^^ l' 038/C74003; as the above offending vehlcle truck on the date of the accident was insured with the New india Insurance Company Limited, and the Insurance Company coutd not establish any breach of the poiicy conditions, the Insurance Company was liable to pay compensation to the daimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by tbe Tribunal have now attained finaiity. 5) The Tribunal assessed the income of the deceased at Rs.100/- per day; Rs.2,400/" per month assuming that deceased was working only for 24 days in a month. By deducting 1/3 of Rs.2,400/- towards the personal expenses of the deceased, the dalmants' dependency was assessed at Rs.1,600/- per month and Rs.19,200/- per annum. By multipiying the annual dependency of Rs.19,200/- with the muitipiier of 15, the compensation was worked out to Rs.2,88,000/-. By awarding further sum of Rs.9,000/- under other heads, t'ne Tribuna! awarded a totai sum of Rs.2,97,000/- as compensatlon to the ciaimants for the death of deceased Santosh Nirmalkar in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,97,000/- @ 6% per annum from the date of fliing of the clalm petition tiii the date of actual payment. 6) Shri CK Sahu, iearned counsel for the appetlants submitted •that the Tribunal has erred in assessing the monthly income of the deceased at Rs.2^400/- only, when his daiiy income was t '^'^•••^•^> •^••l, •^^•••••^^ /., v at Rs.100/- per day; in selecting the lower muitiplier of 15; and in awarding iow compensation of Rs.2,97,000/- oniy. 7) Shrs Deepak Gupta, learned counsel for respondent No.3, the New india Insurance Company Limited, the insurer of the offendlng vehicie truck on the other hand supported the award and contended that the compensation of Rs.2,97,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeat. 8) Deceased Santosh Nirmaikar was aged about 25 years on the date of the accident. The ciaimants are his widow, minor son and mother. Hls widow was aged about 21 years and son was oniy two years of age on the date of the accident. We do not find any justification in the assessment of the income of the deceased by the Tribunat at Rs.2,400/- per month after having assessed his dally Income at Rs.100/- per day. His monthly income, therefore, in our opinion, ought to have been assessed by the Tribunal at Rs.3-,000/- per month. 9) Muitiplier of 15 selected by the Tribunal considering the age ofthe deceased and his widow is also somewhat on the lower side. The amount awarded by the Tribunal under other heads is aiso on the iower side. 10) Considering all the reievant aspects of the matter, we are of the opinion that further award of Rs.30,000/- incluslve of interest component on the enhanced amount of compensation would make the compensation of Rs.2,97,000/- awarded by the Tribunal'as just 5 and proper compensation in the facts and circumstances of the present case. 11) For the foregoing reasons, the appea! fiied by the appeiiants/claimants for enhancement of the compensation, is allowed in part. The claimants are awarded further sum of Rs.30,000/- inciusive of interest component in addition to the sum of Rs.2,97,000/- awarded by the Tribunal. 12) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.30,000/- before the concerning Ciaims Tribunal. 13) No order as to costs. Sd/- Cliief Justice Sd/- N.K. Agarwal Judge padma