HIGH COURT OF CHHATTISGARH AT BILASPUR SLE SHRI RAJEEV GUPTA, C.J. & I'l C! Aooellants Applicants ssc. Appeal No.SS of 2004 Smt. Saroj Singh, aged about 39 years, wd/o Late K.K. Singh. Ku. Veenita Singh, aged about 19 years, d/o. Late K.K. Singh. Amitesh Singh, aged about .18 years, s/o. Late K.K. Singh. Ku. Akanksha Singh, aged about 13 years, d/o. Late K.K. Singh. Anurag Singh, aged about 1 1 years, s/o. Late K.K. Slngh. Appeltants 4 and 5 minor, through natura! guardian & mother appeilant No.1. Ail r/o. Charoda, in front of UCO Sank, G.E. Road, P.0. Charoda, P.S. Bhilai -3, District Durg, C.G. M.e 1. Raghuveer Singh Kashyap, aged about 36 years, slo. Makhanlal Kashyap, r/o. Street No. E.M.R. itock No. 19, Q.No.19, P.0. Bhitai, District Dura, C.G. (Driver & owner). 2." United India Insurance Company Ltd., through Branch Manager, Tara Complex, Near Ashish Hotel, Power House, P.0. Bhilai, District Durg, C.G. (insurer). 1 l?fc. 1 ^s:? s- Present: Shri Amrito Das, learned counsel for the appellants. Shri Amiyakant Tiwari, iearned counse! for respondent No.1. ShrE Sanjay S. Agrawal, learned counsel for respondent No.2. >th The followlng order of the Court was passed by This is claimants' appeal for enhancement of the compensation awarded by the Eighth Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 14.05.2003, passed in Claim Case No, 110 of 2002. 2) As against the compensation of Rs.41,51,500/- claimed by the appellants/claimants, unfortunate widow and minor children of deceased K.K. Singh, by fiting a claim petition under Section 166 of the Motor Vehicies Act, for his death on 25.03.2001, on account ofthe Injuries sustained by hlm in the motor accident on 17,03.2001, the Tribunal awarded a total sum of Rs.5,48,500/- as compensatjon along with interest @ 9% per annum from the date of filing of the ciaim petition till the date of actual payment, 3) The/Tribunai on a ctosescrutiny of the entlre evldence ied before it held that deceased K.K. Singh died on 25.03.2001 on account ofthe iniuries sustained bv him in the motor accident on 17.03.2001; the accident occurred due to rash and negiigent drivlng of the driver of the offending vehicle Yamaha Motorcycle bearing registration No.M.P.23K- 4843; as the above offending .•5-8'-. '^•v- vehicle Motorcycle on the date of the accident was insui the United India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was tiabte 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 claimants' dependency at Rs.3,000/- per month and Rs.36,000/- per annum; by multiplying the annual dependency of Rs.36,000/- with the multipiier of 15, the compensation was worked out to Rs.5,04,000/- (there appears to be a calculation mistake as the figure of Rs.36,000/- when multipiied by 15, would come to Rs.5,40,000/-); by awarding further sum of Rs.44,500/- under other heads, the Tribunal awarded a total sum of Rs.5,48,500/- as compensation to the claimants for the death of deceased K.K. Singh in the motor accident. The Tribunal further directed payment of interest pn the above amount of compensation of Rs.5,48,500/- @ 9% per annum from the date of filing of the claim petition till the date / of actuat payment. 6) Shri Amrito Das, learned counsel for the appellants submitted that the Tribunal on account of the apparent mistake in computation of the compensation has awarded less amount of oomRensation to the claimants. 7) Shri Sanjay S. Agrawal, learned counsel for respondent No.2- The United India !nsurance Company Limited, on the other hand, while supporting the impugned award could not dispute that there is an. apparent calculation mistake in para 22 of the impugned award wherein the' amount of Rs.36,000/- when multiplied by 15 has been mentioned as Rs.5,04,000/-, whereas in fact, it shouid have been Rs.5,40,000/-. 8) Shri Amiyakant Tiwari, learned counsel for respondent No.1, the owner cum driver of the offending vehicle Motorcycie also supported theaward. 9) On due consideration, we do not find any infirmlty in the assessment of the ciaimants' dependency by the Tribuna! at Rs.36,000/- per annum. The multiplier of 15 also has been rightly selected by the Tribunal as the Second Schedule under Section 163-A of the IVIotor Vehides Act also prescribes the multiplier of 15 for the age group between 40 -45 years and deceased K.K. Singh on the date of the accident was less than 45 years of age as is apparent from his Hiaher Secondary School Certificate (Ex.P/9). 10) The ^nnual dependency of Rs.36,000/- multiplied by 15 / would come to Rs.5,40,000/-. By adding further of sum of Rs.44,500./- awarded by the Trlbunal towards medical expenses and under heads, the claimants become entitied to receive a total sum of Rs.5,84,500/- y'u""^ '%. 11) A further amount of Rs.4,000/- is awarded to the claimants towards quantified amount of interest on the enhanced amount of compensation of Rs.36,000/-. 12) For the foregoing reasons, the appea! filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.5,48,500/- awarded by the Tribunal is enhanced to Rs.5,84,500/- with further quantified amount of interest of Rs.4,000/- on the enhanced amount of compensation of Rs.36,000/-. 13) Respondent No.2 The United India Insurance Company Limited is granted three months' time for depositing the totat sum of Rs.40,000/- (Rs.36,000/- towards enhanced amount of compensation + Rs.4,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.36,000/-) before the concerning Claims Tribunai. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N.Chandrakar Judge subbu