^.p ^—r HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLESHRI R.L. JHANWAR, J. Appellants c. •-<,y L "'^ Misc. Appeal No. 591 of 2004 1 Abdual Faisal s/o Late Shri Abdual Rasid aged about 27 years. 2 Abdual Khurshi s/o Late Shri Abdual Rasid aged about 33 years. 3 Anjum Rizwana d/o Late Shri Abdual Rasid aged about 20 years. 4 Huma Riwana d/o Late Shri Abdual Rasid aged about 20 years All are resident of HousingBoard Quarter No. C.H. 361, Kohka, P.S. Supela Durg, Distt. Durg C.G. VERSUS 1 M/s Bhagwan Das, Vayapar Udhog Limited, 194 S.P. Mukharji Road, Kolkatta 700026 (Owner ofTruck No. W.B./23/8357) 2 The New India Insurance Company Ltd., Zonal Office, Kolkatta through the New India Insurance Company, Thakkar Chambers, front of Project Auto Mobile, Power House Bhilai, distt. Durg C.G. Memo of Misc. Appeal under Section 173 ofthe Motor Vehicles Act Respondents Present: Smt. Kiran Jain, counsel for the appellants. None for respondent No.1. Shri Q. Aziz, counsel for respondent No. 2. ORDER (4th IVIay, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. c This is claimants' appeal for enhancement of the compensation awarded by the Seventh Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 04.12.2003, passed in Claim Case No.26/2003. 2) As against the compensation of Rs.11,75,000/- claimed by the appellants/ claimants, unfortunate sons and daughters of deceased Abdul Rashid, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 23.06.2002, the Tribunal awarded a total sum of Rs.72,000/- as compensation along with interest @ 9% per annum from the date offiling ofthe claim petition till the date ofactual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Abdul Rashid died on account of the injuries sustained by him in the motor accident on 23.06.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.W.B.23/8357; as the above offending vehicle Truck 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 paycompensation 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.15,000/- per annum on the basis of the notional income ^^} ^r' ^ %^^<^ wy SS^£^^ c ."->-' c prescribed in the Second Schedule under Section 163-Aof the Motor Vehicles Act. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 7, thecompensation was worked out to Rs.70,000/-. By awarding further sum of Rs.2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs.72,000/- as compensation to the claimants for the death of deceased Abdul Rashid in the motor accident. The Tribunal further directed payment of interest onthe above amount of compensation of Rs.72,000/- @ 9% per annum from the date of filing ©fthe claim petition till the d.ate of actual payment. 6) Smt. Kiran Jain, learned counsel for the appellants sybmitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.15,000/- per annum only; in selecting the lower multiplier of 7; and in awarding low compensation of Rs.72,000/-only. 7) Shri Q. Aziz, learned counsel for respondent No.2, the New India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that as the claimants could not establish the income of the deceased as pleaded by them, the compensation of Rs.72,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. ^- ^^. ' ^, y A. ,.,.^ 'l lte^i:3t;A J1 SM 'r;:: '^; ^- '^^^' ..^" "l^-^s^p' '^^^-^1"'" c 8) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals 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.72,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) True, the claimants pleaded that deceased Abdul Rashid used to earn Rs.5,000/- per month as Driver, no reliable and clinching evidence was led before the Tribunal to establish the above occupation of the deceased and his income to the extent of Rs.5,000/- per month. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income ofthe deceased. 11) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2002 is certainly on the lower side and requires reconsideration. 12) Considering that deceased Abdul Rashid was found to be aged about 55-60 years by the Tribunal, we are of the opinion that he could have easily earned Rs.70-75/- per day in the year 2002 even by working as an unskilled labour. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. i:^s^'^ ^y;\ '' /.y! !^^^ ^•3S^ c -w c "i 13) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs. 1 6,000/- per annum. 14) Considering that the deceased was found to be aged about 55-60 years by the Tribunal, in our opinion, multiplier of 8 would be appropriate in the present case as prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. 15) By multiptying the annual dependency of Rs.16,000/- with the multiplier of 8 the compensation works out to Rs.1,28,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; and Rs.5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.1,38,000/- as compensation for the death of deceased Abdul Rashid in the motor accident. 16) Learned counsel forthe parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself. 17) Considering all the relevant aspects of the matter, including the delay in disposal of the claim petition, and the present appeal and the fact that the Insurance Company alqne is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.66,000/- at Rs.6,000/-. '^^:, ^- '^ L o^bu 18) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.72,000/- awarded by the Tribunal is enhanced to Rs.1,38,000/- with further quantified amount of interest of Rs.6,000/- on the enhanced amount of compensation of Rs.66,000/-. 19) Respondent No.2 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.72,000/- (Rs.66,000/- towards enhanced amount of compensation + Rs.6,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.66,000/-) before the concerning Claims Tribunal. 20) - ,No order as to costs. "^ Sd/- . Chief Justice Sd/- R.L. Jhawar Judge