HIQH COURT OF CHHATTISGARH AT BILASPUR DIVISJON BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRS SUNSL KUMAR SSNHA, J. Appellants Ciaimants MA{aNo.83§of2008 1 Smt Pushpabai Sahu, Wd/o Late Vishwanath Sahu, aged 34 years 2 Smt Bindabai Sahu Wd/o Late Vishwanath Sahu, aged 32 years 3 Smt Makhiyarin Sahu, Wd/o Late Manlram Sahu, aged about 75 years All are resident of Viliage - Ghoshra, Post Office - Ghoch, Thana Pithoura, Tahsii and District Mahasamund (CG) Respondents 1 Vijay Mathurkar S/o Ramchandra Non- Non-Clalmants Mathurkar, aged about 32 years, R/o Kamai Chowk, Naya Nakasha, Panch Kouii, Thana Panchkoutj, Nagpur, Dsstrict Nagpur (Maharashtra) (Driver of Truck No.CG 04-E-81 15) 2 Raju Ramachandra Mathurkar S/o Ramchandra Mathurkar, aged about 38 years, GE Road, Tatibandh, Raipur, DIstrict Ralpur (CG) Permanent Address-Kamai Chowk Naya Nakasha, Thana Panchkouii, Nagpur, District Nagpur (Maharashtra) (Owner of Truck No.CG 04-E-8115) 3 Branch manager, Nationai Insurance Company Limited, Mobin Mahal, GE Road, Raipur, Tahsli and District Raipur (CG) iViemorandum of AppeaS under Seciion 173 of MQJQT Vehscies Act Present : Smt indira Tripathi, counse! for the appeilants. Shri BN Nande, counsel for respondent No.3. ORDER ?th (18In September, 2QQ9) The foilowing order of the Court was passed by Rajeev Gupta,C.J. This is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short, 'the Tribunai') vide award dated 03.12.2007 passed in Ciaim Case No.45/2007. 2) As against the compensatlon of Rs.16,55,000/-, claimed.by the appeiiants / claimants, unfortunate widows, and mother of deceased Vishwanath Sahu by filing a claim petition under Section 166 ofthe Motor Vehicles Act for his death in the motor accident on 05.04.2007, the Tribuna! awarded a totaE sum of Rs.4,36,000/- as compensation along with interest @ 6% per annum from the date of filing ofthe claim petitjon till the date of actuai payment. 3) Smt indira Tripathi, learned counsel for the appdlants submitted that the Tribunai has erred in not accepting the claimants' evldence about the income of the deceased; in selecting the iower muttiplier of 12; in awarding low amount under the other heads and in awardlng tow compensation of Rs.4,36,000/- only. 4) Shri BN Nande, learned counsel for respondent No.3 National Insurance Company Limited on the other hand supported the award and contended that the TribunaE has been quite iiberai in awarding substantiai compensation of Rs.4,36,000/- to the claimants. 5) As the respondents have not fiied any appeai against the award, the findlngs recorded by the Tribunal that deceased Vishwanath Sahu died on account of the injuries sustained by him in the motor acddent on 05.04.2007; the accident occurred due to rash and negligent drivlng of the drlver of the offending vehicle truck; and the insurer of the offending vehicle truck was iiabie to pay compensation to the claimants have now attalned finaiity. That apart, these findings are not under challenge before us In this appeal. We, therefore, affirm the above flndings recorded by the Tribunal. 6) True, the claimants pleaded that deceased Vishwanath Sahu used to earn Rs.250/- per day from his Kirana shop, but the evidence ied in that behalf was not of ciinching nature. 7) In this state of evidence, we do not find any infirmity sn the assessment of the income of the deceased by the Tribunai at Rs.150/- per day and Rs.4,500/- per month. 8) The clalmants' dependency aiso has been rightly assessed by the Tribuna! by deducting 1/3rd of the income of the deceased towards hls personai expenses. 9) The muitipiier of 12 selected by the Tribunal is certainly on the iower side. Considering that deceased Vishwanath Sahu was aged about 35 years, we are of the opinion that muitiplier of 14 would be appropriate in the present case. 10) By multipiying the annual dependency of Rs.36,000/- with the multlplier of 14, the compensation works outto Rs.5,04,000/-. The ciaimants are further entitled to Rs.5,000/- towards funeral expenses; Rs.5,000/- for Joss of consortium to the widows; and Rs.5,000/- for loss pf estate. The claimants, thus, become entitled 4 1 to recelve a total sum of Rs.5,19,0007- as compensation for the death of deceased Vishwanath Sahu In the motor accident. 11) Learned couhsel for the parties submitted that with a view to avoid any possible dlspute between the partles about the period for which the ciaimants are entitled to receive jnterest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeai itself. 12) The accident in the present case Wherein deceased Vishwanath Sahu lost his life took piace in the year 2007; the ctaim petition was filed by the claimants in the year 2007; the impugned award was passed by the Tribunai in the year 2007; the appeal was filed for enhancement of the compensation In the year 2008; and the appeal is being flnally declded In the year 2009. 13} Considering all the relevant factors inciuding the delay in dssposai of the claim petitlon and the present appeal, and the fact that the Insurance Company alone Ss not to be biamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.83,000/- at Rs.8,000/-. 14) For the foregoing reasons, the appeal filed by the appeliants/ claimants for enhancement of the compensation is allowed in part. The Compensatlon of Rs.4,36,000/- awarded by the Tribunai Is enhanced to Rs.5,19,000/- with further quantified amount of interest of Rs.8,000/- on the enhanced amount of compensation of Rs.83,000/-. 15) Respondent No.3 The New India Insurance Company Lsmited is granted three months' time for depositing the sum of m w 5 '^.^^w^ Rs.91,000/- (Rs.83,000/- towards enhanced amount of compensation + Rs.8,000/- towards interest on the enhanced amount of compensation of Rs.83,000/-) before the concerned daims Tribunal. 16) The entire amount of Rs.91,000/- shail be apportioned between appeiJant No.1 Smt Pushpabai Sahu, and appeilant No.2 Smt Bindabai Sahu in the ratio of 45,500/- and Rs.45,500/- each. AppeiEant No.3 Smt Makhlyarin Sahu shali not be entitled to aet any amount from this sum of Rs.91,000/- 17) No order as to costs. __ Sd/- Chief Justice padma Sd/- SunJIKumar Sinha Judge