HIGH COURT OF CHHArriSGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHR1 RAJEEV GUPTA, CJ. HON'BLE SHRI SUN1L KUMAR SINHA, J. Mjsc. Appeal No.284of 2005 Appellante Claimants Respondents ti 1 Mohan Dhruv, S/o Subodhi Dhruv, Aged about 38 years Caste - Gond 2 Smt Ganga Bal, W/o Mohan Dhruv Aged about 36 year, Caste - Goncj Both are the residents of village - Gadaghat, Po\ice Station - Tumgaon, Tahsil & Distt - Mahasamund (CG) VERSUS 1 Gulab RamSahu, S/o Sant Ram Sahu, R/o Village - Tumgaon, Tahsil & Distt IVIahasamund (CG) (Drive of atl^ed tractor) 2 Sant Ram Sahu, S/o Subanti Sahu, R/o Nflllage - Tumgaon, PS - Tumgaon, Tah & Dlstt - Mahasamund (CG) (Owner of alleged tractor and trolley) 3 Oriental Insurance Company Ltd., Through : Branch Manager, Branch — Devendra Nagar Distt - Raipur (CG) Miscellaneous Appeal under Sectton 173 of Motor Vehictes Act Present : Shri YC Sharma and Shri Sunil Sharma, counsel for the appellants. None for respondents No.1 and 2. Shri SudhirAgrawal and Shri P Dutta, counsel for respondent No.3. ORDER (06h April, 2011) ;lm The following order of the Court was passed by Rajeev Gupta, C.J. Ths is claimante' appeal for enhancement of the compensation awarded bythe2" Addifional Motor Accident Claims Tribunal, Mahasanund (for short the Tribunal') \ride award dated 30.11.2004, passed in Claim Case No. 126/2003. 2) As against the compensation of Rs.11,97,00Q/-, cteimed by the appellants/claimants, unfortunate parents of deceased Kum Purnima, aged about 15 years by ffling a claim petition under Section 166 of the Motor Vehlcles Act, for her death in the motor accident on 10.10.2003, the Tribunal awarded a tcrtal sum of Rs.62,000/- as compensation along with interest @ 6% per annum from the date of flllng of the claim peffiion tili the date of actual payment. 3) The Tribunal on a close scruttny of the entire evldenGe led before tt held ttiat claimants' daughter Kum Pumima died on account of the Injuries su^alned by her in the motor accidait on 10.10.2003^ the accident occurred due to rash and negllgent drivlng of the driver of the offending vehicte tractor-trolley bearlng registration NO.CG-06-A/5052 and CG-C^-A/5053 respectively; as the above offendlng vehicle traclor-trolley on the date of the aceadent was insured with the Oriental Insurance Company LimitKl and th& IRsurance Company coutd not establish any breach of the poliey condiUons, the Insurance Company was liable to pay the compensation to the claimants. VK 4) As the respondeits have not flledany appeal against e award, the above findings recorded by the Trlbunal have ncw attained finality. 5) The Tribunal assessed fhe hicome of the deceased at Rs.500/- per month and Rs.6,000/- per annum. Bydeductlngl/S"1 of Rs.6,000/- towards the persona) e^penses of the deceased, the clalmants' dependency wasassessed at Rs.4,(X%)/- perannum. By multfplying the annual dependency of Rs.4,000/- wdth the multlplier of 15, the compensatton was worked out to Rs.60,000/-. By awarding further sum of Rs.2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs.62,000/- as compensatlon to the claimants for the death of thelr daughter Kum Pumhna in the motor accident. The Tribunal further dlrected payment of InWest on the above amount of compensation of Rs.62,000/- 6% pw annum from the date of filing of the claim petiUon till the date of actual payment. 6) Shri YC Sharma and Shri Sunil Shanna, teamed oounsel for the appellants submitted that the Tribunal has erred 'in awarding tow compensation of Rs.62,000/- only. 7) Shri Sudhir Agrawal and Shri P Dutta, leamed counsel for respondent No.3 the Orietnat Insurance Company Umlted, on the other hand supported theaward and contended that as deceased Kum Pumima would have been married in due eourse and would not have remained wlth the claimants. the compensation of Rs.62,000/- awarded by the Tribunal Is just and proper compensation In the facts andclrcumstances ofthe present case. J £""°%. ""<Ss ^^ 4 8) Kum Pumlrna was aged about 1S yeare on the date of the accldent. It has come in the evidence of herfather that, while t pursulng her studies, she was atso earning by selllng vegetables in the village; and as such was supporting her parente. It Is true that claimant Mohan Dhruv, father of deceased Kum Pumima has stated in para 5 of his deposition before the Tribunal ttot he was planning to perform marriage of her daughter within a year or two. 9) The compensation of Ks.G2,OOOf- awarded by the Tribunal when examined In the (»nt®(tof the above mentioned broad features of the case, and the fact that deceased Kum Pumirna was aged about 15 years and was supporting hw pacaite, in our opinion is certainly on the lower ade arKl deserves to be enhaneBd suitably. 10) CCTisldering atl ttie relevant aspecte of the matter, we are of the opinion that further awardof Rs.40.000/- inclish?®of component on the enhanced amount of compensallon vwoukl make the compensation of Rs.62,0(X)/- awarded by the Tritxinal asjyal and proper compensation in the facts and circun^anc^ of th» present case. 11) For the for^olng reasons, ttw appcal filed by the appellants/elalmants for enhanceraent of the TOmpensration, fe altowed In part. The daimants are awarded further sum of Rs.40,000/- Inclusive of interest component on tto enhanced amount 6f compensation in addition to the sum of Rs.62,000/- awarded by the Tribunal. -K'lT "•'•A.-N ^..,.^'^ 12) RespondentNo.Sthe Oriental InsuranGeCompanyUmltedls granted three months' tlme for depositing the total sum of Rs.40,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- ChiefJustice Sd/- SunU Kumar Sinha Judge ^- padma