HIGiLCOURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIUI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J, Appellants Claimants Respondents Non-claimants Misc. Appeal (Cl No. 28 of2011 1. Smt. Triloka Bai w/o late Siddhram SUTyavanshi aged about 40 years, 2. Vishesh Kumar s/o late Siddhram Suryavanshi aged about 20 years, 3. Rajgovind Suryavanshi s/o late Siddhram Suryavanshi aged about 18years, 4. Ravikumar Suryavanshi s/o late Siddhram Suryavanshi aged about 16 years, through his mother Smt. Triloka Bai (appellant No.1) All are residence of village Sakarra Police Station Hirri Tah. Bilha district Bilaspur C.G. VERSUS 1 Sanjay Kumar, s/o Laharamal Mahilange residence of village ameri post Mangala P.S. Chakarbhata tah. & district Bilaspur C.G. 2 Lahuramal Mahilange s/o Dhaniram Mahilgnge, residence of village Ameri' Post Mangala P.S. Chakarbhata tah. & district Bilaspur C.G. 3 The New India Assurance Company Limited, through Divisional Manager, Divisional Office, opposite Rajeev Plaza near Bus Stand Bilaspur, tahsil and district Bilaspur C.G. r ci:%:\ -» -^' SK>, iv ''''^ ''^^'.^ "•"S-^-S—^5' MAC.No. 28 of 2011 IVIemo ofappeal underSection 173 (2) of hflotor Vehicle Act Present: Shri P.K. Tulsyan, counsel for the appellants. Shri R.K. Tiwari, counsel for respondents No. 1 & 2. Shri K.N. Nande,counsel on behalf of Shri Mahaveer Bhatnagar, counsel for respondent No.3. ORDER ith (30'"September,2011) x\ The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the 9 Additional Motor Accident Claims Tribunal, Bilaspur (for shori: 'the Tribunal') vide award dated 19.10.2010, passed in Claim Case No.65/2010. 2) As against the compensation of Rs.24,00,000/- claimed by the appellants/ claimants, unfortunate widow and children of deceased Siddhram Suryavanshi, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 03.02.2010, the Tribunal awarded a total sum of Rs.1,81.936/- as compensation along with interest @ 6% 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 Siddhram Suryavanshi died on account of the injuries sustained by him in the motor accident on 03.02.2010; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Maruti Van bearing AC.No. 28 of 2011 registration No.C.G.-10/F/9592; as the above offending vehicle Maruti Van on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.2,500/- per month. By deducting 1/3rd of Rs.2,500/- towards the personal expenses of the dece^sed, the claimants' dependency was assessed at Rs.1,666/- per month and Rs.19,992/- per annum. By multiplying the annual dependency of Rs.19,992/- with the multiplier of 8, the compensation was worked out to Rs.1,59,936/-. By awarding further sum of Rs.22,000/- under other heads, the Tribunal awarded a total sum ofRs.1,81.936/- as compensation to the claimants for the death of deceased Siddhram Suryavanshi in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,81,936/-~@ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri P.K. Tulsyan, 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.2,500/- per month only; in selecting AC.No. 28 of 2011 the lower multiplier of 8; and in awarding low compensation of Rs.1,81,936/-only. 7) Shri K.N. Nande, learned counsel appearing on behalf of Shri Mahaveer Bhatnagar, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Maruti Van, on the other hand, supported the award and contended that-the compensation of Rs.1,81,936/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri RK Tiwari, learned counsel for respondents No.1 Sanjay Kumar and No.2 Lahuramal Mahilange, the driver and owner of the offending vehicle Maruti Van also supported the award. 9) True, the claimants pleaded that deceased Siddhram Suryavanshi used to earn Rs.200-300/- per day as Mason and petty Contractor, no cogent and reliable evidence was led before the Tribunal for establishing the above occupation of the deceased and his income to the extent of Rs.200-300/- per day. 1n this state of evidence, we do not find any infirmity in the assessment of the income of the deceased at Rs.2,500/- per month and Rs.30,000/- per annum. 10) By deducting 1/3rd of Rs.30,000/-, the claimants' dependency is assessed at Rs.20,000/- per annum. 11) From para 10 of the impugned award we gather that the Tribunal held that deceased Siddhram Suryavanshi on the date of the accident was aged about 55 years. The multiplier of 8 i- MAC.No. 28 of 2011 €^ selected by the Tribunal is certainly on the lower side and requires reconsideration. 12) Considering all the relevant aspectsof the matter, we are of the opinion that multiplier of 11 would be appropriate in the present case in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, Feported in (2009) 6 SCC 121 wherein multiplier of 11 has been prescribed for the age group between 51-55 years. 13) By multiplying the annual dependency of Rs.20,000/- with the multiplier of 11 the compensation works out to Rs.2,20,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.2,35,000/- as compensation for the death of deceased Siddhram Suryavanshi in the motor accident. 14) Considering all the relevant aspects of the matter, the claimants are awarded further sum of Rs.6,936/- towards quantified amount of interest on the enhanced amount of compensation of Rs.53,064/-. 15) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,81,936/- awarded by the Tribunal is enhanced to Rs.2,35,000/- with further quantified M.A.C.No.28of2011 amount of interest of Rs.6,936/- on the enhanced amount of compensation of Rs.53,064/-. 16) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.60,000/- (Rs.53,064/- towards enhanced amount of compensation + Rs.6,936/- towards quantified amount of interest on the enhanced amount of oempensation of Rs.53,064/-) before the concerning Claims Tribunal. 17) No order as to costs. — Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma r ^