"^ i ^.-^: ^^%KcA^^ y HIGH COURT OF CHHATTISGARH ATBILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. ^. Appellants Claimants Respondents (Driver) (Owner) (Insurer) Misc. Appeal (Cl No. 796 of 2009 1. Shatruram Tahkur S/o Harish Chand Thakur aged about 45 years. 2. Sohan Ram S/o Satruram Thakur aged about 15 years 3. Ku Devela Thakur D/o Satruram Thakur aged about 13 years. 4. Vinod Kumar S/o Shri Satruram Thakur aged about 12 years. Appellant No. 2,3&4 are minor, Through - Appellant No.1 Satruram All R/o Village-Mudhia, Tah. Doundhilohar Distt. Durg (C.G.) VERSUS 1 Ramesh Kumar Mandavi, S/o Ranjeet Singh age about 38, R/o Village-Mohara, Tah.&Distt. Rajnandgaon (C.G.) 2 Lakhavinder Singh W/o Avatar Singh R/o Ward No. 40, New Ganjmandi, Rajnandgaon Tah.&Distt. Rajnandgaon (C.G.) 3. The Oriental Insurance Co. Ltd., Through Divisional Manager, Divisional Office Rajendra park Chouk, Durg Tah.& Distt. Durg (C.G.) Through Branch Manager, Branch Office Kamthi Line Rajnandgaon, Tah.& Distt. Rajnandgaon (C.G.) Appeal under Section 173 ofthe Motor Vehicle Act. fc^S^ ^^is^ >' Present: Shri C.R. Sahu and Shri C.K. Sahu, counsel for the appellants. None for respondents No.1 and 2. Smt. Chitra Shrivastava, counsel for respondent No.3. ORDER (18th July, 2011) 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 Additional Motor Accident Claims Tribunal, Balod, district Durg (for short 'the Tribunal') vide award dated 27.12.2008, passed in Claim Case No.53/2008. 2) As against the compensation of Rs.5,84,000/- claimed by the appellants/ claimants, unfortunate husband and children of deceased Shailendri Bai Thakur, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 22.05.2008, the Tribunal awarded a total sumof Rs.2,01.520/- 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 Shailendri Bai Thakur died on account of the injuries sustained by her in the motor accident on 22.05.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G.-07C/4837; as the above offending vehicle Truck on the date of the accident was insured with the Oriental 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.2,000/- per month. By deducting 1/3rd of Rs.2,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.1,330/- per month and Rs.15,960/- per annum. By multiplying the annual dependency of Rs.15,960/- with the multiplier of 12, the compensation was worked out to Rs.1,91,520/-. By awarding further sum of Rs. 10.000/- under other heads, the Tribunal awarded a total sum of Rs.2,01,520/- as compensation to the claimants for the death of deceased Shailendri Bai Thakur in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,01,520/- @ 6% per annum from the date offiling ofthe claim petition till the date ofactual payment. 6) Shri C.R. Sahu and Shri C.K. Sahu, learnedcounsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence aboutthe income ofthe deceased and in assessing her income at Rs.2,000/- per month only; in selecting the lower multiplier of 12; and in awarding low compensation of Rs.2,01,520/-only. ^ ^/ i ^.Jif/ %-^-y. 7) Smt. Chitra Shrivastava, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer ofthe offending vehicle Truck, on the other hand, contended that as the claimants could not establish any definite and regular income of deceased Shailendri Bai Thakur, the compensation of Rs.2,01,520/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) True, the claimants pleaded that deceased Shailendri Bai Thakur used to earn Rs.3,000/- per month by workingas an agricultural labour, no cogent and reliable evidence was led in that behalf before the Tribunal. Even otherwise, in the villages a person working as agricultural labour may not get work everyday round the year. In this view of the matter, we do not find any infirmity in the assessment of the income of the deceased by the Tribunal at Rs.2,000/- per month and Rs.24,000/- per annum. 9) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/- per annum. 10) The multiplier of 12 selected by the Tribunal considering the age of the deceased and her husband claimant No.1 Shatruram Thakur, is certainly on the lower side andrequires re-consideration. 11) Considering that claimant No.1 Shatruram Thakur, husband ofthe deceased Shailendri Bai Thakur wasshown to be 45 years of age in the claim petition, we are of the opinion that b^ multiplier of 14 would be appropriate in thepresent case in view of the dictum of the Apex Court in the caseof Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reportedin (2009) 6 SCC 121 wherein multiplier of 14 has been prescribed for the age group between 41-45 years. 12) By multiplying the annual dependency of Rs.16,000/- with the multiplier of 14 the compensation works out to Rs.2,24,000/-. The claimants are furtherentitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- forloss of estate; and Rs.5,0007- for loss of consortium to the husband. The claimants, thus, become entitled to receive a total sum of Rs.2,39,000/- as compensation for the death of deceased Shailendri Bai Thakur in the motor accident. 13) The claimants are further awarded a sum of Rs.3,520/- as quantified amount of interest on the enhanced amount of compensation of Rs.37,480/-. 14) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,01,520/- awarded by the Tribunal is enhanced to Rs.2,39,000/- with further quantified amount of interest of Rs.3,520/- on the enhanced amount of compensation of Rs.37,480/-. 15) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.41,000/- (Rs.37,480/- towards enhanced amount of compensation + Rs.3,520/- towards quantified amount of interest nimmi on the enhanced amount of compensation of Rs.37,480/-) before the concerning Claims Tribunal. 16) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge