/y^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH 7 CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants •L- Respondents Misc. Appeal (C) No. 765 of 2008 1. Jagdish Mandal, S/p Jagesar Mandal, aged about 36 years, occupation Mechanic. 2. Smt. Monika Mandal, W/o Jagdish Mandal, aged about 26 years, Occupation - House wife. 3. Minor Mahadev S/o Shri Jagdish Mandal, aged about 15 years. 4. Minor Ku. Purnima D/o Shri Jagdish Mandal, aged about 12 years. Appellant No.3 and 4 are minor through Natural Guardian Mother Smt. Monika Mandal, W/o Shri Jagdish Mandal, All are r/o Village Nichepara, Dharamjaigarh, Tahsil Dharamjaigarh, Distt. Raigarh (C.G.). VERSUS 1. Deepchand Pawar, S/o Bachan Singh Pawar, aged about 47 years, Occupation Driver r/o Kudurmal, Bhathapara, Korba, Police Chowki, Urda, Thana Kotwali Korba (C.G.). 2. Raghav Lakhotiya S/o Mahavir Lakhotiya, aged about 28 years, by Caste Baniya, R/o 151 T.P. Nagar, Korba through Shri Balaji Metal and Mineral Pvt. Ltd. T.P. Nagar, Korba, Distt. Korba (C.G.). N, v^ //^ "^..^ M.A.C.No.765of2008 3. National Insurance Company Ltd., R.A.-3 Middle Tan Street PBN-9229 Calcutta, 700-071 Branch Office, 13- Minu Complex, Main Road, Kosabadi, Korba, Distt. Korba (C.G.). 4. Balaji Metal and Mineral Pvt. Ltd. 151 Indjra Commercial ComplexT.P. Nagar, Korba, Distt. Korba(C.G.). Appeal under Section 173 ofthe Motor Vehicles Act Present: Shri Sunil Sahu counsel for the appellants. Shri Goutam Khetrapal and Shri Rakesh Sahu, counsel for responderit No.3. ORDER (13th October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents, brother and sister of deceased Jaydev Mandal are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Raigarh (for short 'the Tribunal') vide award dated 29.08.2007, passed in Claim Case No.96/2006. 2) As against the compensation of Rs.30,82,400/- claimed by the appellants/ claimants, unfortunate parents, brother and sister of deceased Jaydev Mandal, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 20.04.2006, the Tribunal awarded a total sum of Rs.2,05,000/- as ./ M.A.C. No.765of2008 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 the National Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.C.G.12C/ 17152, liable to pay compensation to the claimants. 4) As the insurer of the above offending vehicle Truck has not filed any appeal against the impugned award challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum.By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs. 10,0007- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 16, the compensation was worked out to Rs.1,60,000/-. By awarding further sum of Rs.45,000/- under other heads, the Tribunal awarded a total sum of Rs.2,05,000/- as compensation to the claimants for the death of deceased Jaydev Mandal in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,05,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Sunil Sahu, learned counsel for the appellants vehemently argued that the Tribunal has erred in assessing the income of the deceased at Rs. 15,0007- per annum only, which in fact ought to have been assessed at least at Rs.36,000/- per annum; and in awarding low compensation of Rs.2,05,000/- only. G^ :--..\ •^ M.A.C.No.765of2008 7) Shri Goutam Khetrapal and Shri Rakesh Sahu, learned counsel for respondent No.3, the National Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.2,05,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) In a motor accident claim case what is important is that the compensation to be awarded by the Courts/Tribunal should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation nor a bonanza. 9) Now, we shall examine as to whether the compensation of Rs.2,05,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) It is true that the claimants pleaded that deceased Jaydev Mandal used to earn Rs.200/- per day and Rs.6,000/- per month and the Tribunal has assessed the income of the deceased at Rs.15,000/- per annum. 11) Even assuming the income of the deceased at Rs.36,000/- per annum as submitted by learned counsel for the appellants, the claimants' dependency would not be more than Rs.18,000/- per annum as 50% of the income of the deceased is required to be deducted towards his personal expenses considering that deceased Jaydev Mandal on the date of the accident was unmarried and in view of the dicta of the Apex Court in the cases of Syed Basheer Ahamed and others Versus Mohammed Jameel and another M.A.C.No.765of2008 reported in (2009) 2 Supreme Court Cases 225 and Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121; as the claimants are parents, brother and sister of the deceased, the appropriate multiplier in the present case would not be more than 10 in view of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC-731; by multiplying the annual dependency of Rs.18,000/- with the multiplier of 10, the compensation would work out to Rs.1,80,000/-; by adding the further sum of Rs.5,000/- towards funeral expenses and Rs.5,000/- for loss of estate, the claimants would become entitled to receive a total sum of Rs.1,90,000/- as compensation for the death of deceased Jaydev Mandal in the motor accident, which is less than the sum of Rs.2,05,000/- awarded by the Tribunal. 12) For the foregoing reasons, we do not find any scope for enhancement ofthe compensation awarded by the Tribunal. 13) The appeal filed by the appellants/ claimants for enhancement ofthe compensation, therefore, fails and is hereby dismissed. 14) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge subbu