HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 1275 of 2009 Appellant Respondents Karam Singh Rathiya, aged about 35 years, son of Shri Chaitram Rathiya, residence of village Madanpur, post Pasarkhet, police station Kartala, tahsil and district Korba, Chhattisgarh. VERSUS Sunil Kumar Jaisvral, aged about 29 years, son of Laiwati Prasad Jaiswal, residence of village Madanpur, post Paraskhet, police station Kartaia, tahsil and district Korba, Chhattisgarh. (Driver ofthe vehicle) Lalwati Prasad Jaiswal, aged about 52 years, son of Kishorilal Jaiswal, reasidence of vitlage Madanpur, post Paraskhet, police station Kartala, tahsil and district Korba, Chhattisgarh, (Owner of the vehicte) ' United India Insurance Company Limited, through Branch Manager, Branch Office, T.P. Nagar Korba, Tahsil and distriet Korba, Chhattisgarh. (Insurance Company) Misc. Appeal under Section 173 ofthe MotorVehicle Act. •>.. Present: Shri C.J.K. Rao, counsel for the appellant. None for respondents No. 1 and 2. Smt. Chitra Shrivastava, counsel for respondent No.3. ,T» ORDER (15th Juty, 2011) The foliowing order of the Court was passed by RajeevGupta, C.J. This is ciaimant's appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Korba (for short the Tribunal') vide award dated 21.07.2009, passed in Claim Case No.360/2007. 2) As against the compensation of Rs.21,75,000/- claimed by the appellant/ claimant, unfortunate father of deceased girl Bhagwati Rathiya, aged about 11-12 years by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 12.08.2007, the Tribunal awarded a total sum of Rs.60,000/-ascompensation 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 United India Insurance Company Limited, the insurer of the offending vehicle Tractor liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Tractor has not filed any appeal challenging the gbove finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal considering the fact that ctaimant's daughter Bhagwati Rathiya was aged about 11 years only, awarded lumo-sum of Rs.50,000/- towards loss of dependencv. Bv i\ / . awarding further sum of Rs.10,000/- under other heads, the Tribunal awarded a totalsum of Rs.60,000/- as compensation to the claimant forthe death of his daughter Bhagwati Rathiya in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.60,000/- @ 6% per annum from the date of filing of the claim petition titl the date of actual payment. 6) Shri C.J.K. Rao, learned counsel for the appellant submitted that the Tribunal has erred in awarding low sum of Rs.60,000/- only though the appellant's daughter deceased Bhagwati Rathiya was a brilliant student and had a bright future. 7) Smt. Chitra Shrivastava, leamed counset for respondent No.3 the United India Insurance Company Limited, on the other hand, submitted that as the claimant's daughter deceased Bhagwati Rathiya was not having any independent income of her own on the date of the accident, the compensation of Rs.60,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) The claimant's daughter Bhagwati Rathiya was aged about 11-12 years on the date of the accident. The sole clamant in the case is her father aged about 35 years. The claimant \s jan agriculturist by occupation. Claimant's wife and son had died prior to the accident. On account of the accident the claimant suffered the loss of company of the only other surviving member in the family. 11) The compensation of Rs.60,OCX)/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, iscertainly on the lower side and deserves to be enhanced to someextent. 12) Considering all the relevant aspects of the matter, we are of the ppinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.60,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe present case. 13) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is altowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.60,000/- awarded bythe Tribunaf. 14) Respondent No.3 the United .India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 15) No order as to costs. —— Sd/- Chief Justice Sd/- RangnatliChandrakar Judge nimmi