^ ^^ HIGH COUm' OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI RANGNATH CHANDRAKAR, ^ APPELLANTS CLAIMANTS. M.A.(Gl hto.4408 of2008 1 Manishankar Verma Son of Parmanand Verma, aged about 58 years. 2 Smt Ahilyabai Wife of Manishankar Verma, aged about 52 years Both residents of Ward No.5, Ramnagar, Motipur, Tahsil and Distrtet Rajnandgaon (CG). RESPONDENTS 1. 2. Versus Tejram Pardhi son of Ling^i Pardhi, aged about 45 years, Residerrt of Sakhritola, Poltee Station Saleksa, district Gondiya (Maharashtra) Veerchand Son of Melaram Sharma, aged about 60 years, Resldent of 1131 God Mohalla, Ashok Chowk, Nagpur (Maharashtra) Avam BKC Vardhman Nagar, 8, District Nagpur (Maharashta) 3. United India Insurance Company Limited. Branch Office Kamthi Line, Rajnandgaon (CG) Memo of Appeal Under Section 173 of the Motor Vehicles Act, 1988 Present: Shri Abhishek Sharma, counsel for the appellants. ORDER (06th November, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. I- <Y.- Shri Abhishek Sharma, leamed counsel for the appellants is heard on admission. 2) The appellants are seeking enhancement of the compensation awarded by the 1st Additional Motor Accidents Claims Tribunat, Rajnandgaon (for short 'the Trtbunar) vide award dated 31.07.2009, passed in Claim Case No.58/2008. 3) As against the compensation of Rs.17,66,000/- claimed by the appellants/claimants, unfortunate parents of deceased Bhairolal Verma, by filing a claim petition under Section 166 of the Motor Vehicles Act. for his death jn the motoraccldent on 08.02.2008, the Tribunal awarded a total sum of Rs.2,44,800/- as compensation along with interest @ 6% per annum from the date of filing ofthe claim petition till the date of actual payment. 4) The Tribunal assessed the income of the deceased at Rs.4,000/- per month and Rs.48,000/- per annum. Bydeducting 50% of Rs.48,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the muttiplier of 10, the compensation was worked out to Rs.2,40,000/-. By awardlng further sum of Rs.4,500/- under other heads, the Tribunal awarded a total sum of Rs.2,44,500/- as compensation to the claimants for the death of their son Bhairolal Verma in the motor accident. The Tribunal further directed payment of interest @ 6% per annum from the date of filing ofthe claim petition till the date of actuaj payment. >- 5) Shri Abhishek Sharma, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.2,44,500/- only and interest at the lower rate of 6% per annum. 6) The claimants themselves pleaded that their son Bhairolal Verma used to eam Rs.4,000/- per month as Securlty Guard. As the Tribunal has accepted the claimants' evidence about the income of the deceased and assessed his income at Rs.4,000/- per month, the claimants cannot not have any grievance about the assessment of the income of the deceased by the Tribunal.. 7) The deduction of 50% of the income of the deceased by the Tribunal towards his pereonal expenses is perfectly in line with the dictum of the apex Court in the case of Syyed BaKshir Ahmed and others vs. Mohammad Zameen and others reported in 2009(2) S.C.C. 22S. 8) The multiplier of 10 selected by the Tribunal cannot toe found fault wth in view of the fact that the clalmants gnre parents of the deceased and the Apex Court in the case of Munlclpal Corporation of Greater Bombay Vs. Laxmwi tyer and another, reported in (2003) 8 SCC-731, held that in thosecases where the claimants are parents of the deceased, the multipljer should never exceed 10. In fact, in the present case, multiplier of 10 too is on the higher side as claimant No.l-Manlshankar Verma, father of the deceased wasaged about 58 years and the Second Schedule under Section 163-A ofthe Motor Vehicles Act -x.^^...' /c'"% \ I1 t%life. % '•'"^ s v\ \^.^/ '^'y^ CS^ subbu prescribes the multiplier of 8 for the age group between 55-60 years. 9) The interest awarded by the Tribunal at the rate of 6% per annum also cannot be said to be on the lower side coreidering the prevalent rate of interest on the fixed deposits in the Nationalized Banks. 10) For the foregoing reasons, we do not find any scope for enhancement ofthe compensation awarded by the Tribunal. 11) The appeal filed by the appellantsfolaimants for enhancement of the compensation, therefore, is liable to be dlsmissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge