.,\..^^ ^^ HIGH COURT OF CHHATTISGARHAT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (Cl No. 1476 of2009 Appellants Respondents Smt. Ranjana Vishwakarma w/o widow Ramesh Vishwakarma aged about 35 years, Ku. Apurva Vishwakarma d/o late Ramesh Vishwakarma, aged about 15 years Ku. Akansha Vishwakarma d/o late Ramesh Vishwakarma, aged about 14years Prinsh Vishwakarma s/o late Ramesh Vishwakarma, aged about 13years Heeralal Vishwakarma (Now Dead) s/o late Basanta Vishwakarma, aged about 70 years All are resident of village Kunkuri (Adarsh Nagar), tah. Kunkuri, district Jashpur Chhattisgarh. VERSUS Shri Bhaktoram Yadav, aged about 30 years, s/o Chakrodhar Yadav, by caste Mahkul, r/o village Jamchuan, police station Duldula, district Jashpur C.G. Presently resident of Kunkuri Bendar Bhadra, Police station Kunkuri, district Jashpur C.G. (Driver of offending vehicle bearing R.No. 407 C.G.14A 1632) Shri Jagmohan Prasad Choudhary, s/o Mahli Prasad Choudhary, r/o Kunkuri near Girls Government School Kunkuri, district Jashpur C.G. .";,' -/\^ MAC.No. 1476 of 2009 ^\ (Owner of offending vehicle bearing R.No. 407 C.G'.<14A 1632) 3 Branch Manager, the Oriental Insurance Company Limited (near Bus Stand) Bilaspur C.G. (Insurer of offending vehicle bearing R.No. 407 C.G.14A 1632) Misc. ApDeal under Section 173 of the Motor Vehicle Act. Present: Shri Akhilesh Kumar, counsel for the appellants. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3. ORDER ^th (20tnSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Camp Court Kunkuri, district Jashpur (for short 'the Tribunal') vide award dated 25.09.2009, passed in Claim Case No.41/2008. 2) As against the compensation of Rs. 15,25,000/- claimed by the appellants/claimants, unfortunate widow, minor children and father of deceased Ramesh Vishwakarma, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for his death in the motor accident on 06.08.2008,the Tribunal awarded a total sum of Rs.1,67,0007- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. MAC.No. 1476 of 2009 ^/ 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Ramesh Vishwakarma died on account of the injuries sustained by him in the motor accident on 06.08.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.CG-14A/1632; 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) 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.10,000/- 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.7,000/- under other heads, the Tribunal awarded a total sum of Rs.1,67,000/- as compensation to the claimants for the death of deceased Ramesh Vishwakarma in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,67.000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 5) Shri Akhilesh Kumar, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in • MAC.No. 1476 of 2009 ^ assessing his income at Rs.15,000/- per annum only; and in awarding low compensation of Rs.1,67,000/- only. 6) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.1,67,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) 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. 8) Now we shall examine as to whether the compensation of Rs.1,67.000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 9) True, the claimants pleaded that deceased Ramesh Vishwakarma used to earn Rs.10,000 - 11,000/- per month as Motor Mechanic, no cogent and reliable evidence was led before the Tribunal for establishing the above occupation of the deceased and his income to the extent of Rs. 10,000 - 11,000/- per month. For the reasons best known to the claimants, no registration/ license of the alleged workshop in the name of the dgceased was produced before the Tribunal. In this state of evidence, we do not find any fault in the approach of the Tribunal .•..-\-.-.- M.A.C.No.1476 of 2009 ^k j»N» in discarding the claimants' evidence about the income of the deceased. 10) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2008 is certainly on the lower side and requires reconsideration. 11) Considering that deceased Ramesh Vishwakarma was aged about 36 years on the date of the accident, we are of the opinion that he could have easily earned Rs.70-75/- per day even by working as an unskilled labour, in the year 2008. 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. 12) 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. 13) As deceased Ramesh Vishwakarma was aged about 36 years on the date of the accident, the multiplier of 15, in our opinion, would be appropriate in the present case in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121 wherein multiplier of 15 has been prescribed for the age group between 36-40 years. 14) By multiplying the annual dependency of Rs.16,000/- with the.jTiultiplier of 15 the compensation works out to Rs.2,40,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate and Rs.5,000/- for ..<..,-^^.-: MAC.No. 1476 of 2009 ^< loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.2,55,000/- as compensation for the death of deceased Ramesh Vishwakarma in the motor accident. 15) Learned counsel for the 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. 16) Considering all the relevsint aspects of the matter, including the delay in disposal of the claim petition, and the present appeal and the fact that the Insurance Company alone 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.88,000/- at Rs.9,000/-. 17) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,67,000/- awarded by the Tribunal is enhanced to Rs.2,55,000/- with further quantified amount of interest of Rs.9,000/- on the enhanced amount of compensation of Rs.88,000/-. 18) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.97,000/- (Rs.88,000/—towards enhanced amount of compensation + Rs.9,000/- towards quantified amount of interest M.A.C.No.1476 of 2009 ^ subbu on the enhanced amount of compensation of Rs.88,000/-) before the concerning Claims Tribunal. 19) No order as to costs. ——- Sd/- Chief Justice Sd/- R.N. Chandrakar Judge