HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLESHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Claimants WUsc. Appeal (C) No. 22 of2010 1. Smt. Geetan @ Gitanjali Diwan, w/o late Suresh Kumar Diwan, aged about 23 years, occupation Housewife. 2. Smt. Panbai Diwan, w/o. late Vikra Diwan, aged abcut 50 years, Both r/o village Telibandha, police station Mahasamund district Mahasamund C.G. VERSUS Respondents Non-claimants Dheluram Patel, s/o Toplal Patel, aged about 25 years, occupation Truck Driver, r/o village Marar Kasahibahara, tahsil Baghbahara, district Mahasamund C.G. (Driver of vehicle Truck bearing registration No.C.G.04G/7004) M/s Adarsh Associate, through Proprietor Pramod N. Kapse, occupation Truck Owner, R/o Nayapara, Shankar Chowk, Raipur, district Raipur C.G. (Registered owner of vehicle Truck bearing registration No.C.G.04G/ 70^4) The New India Insurance Company Limited, through Divisional Manager, Divisional Office, Madina Building, Kutchery Chowk, Jail Road, Raipur, tahsil & district Raipur C.G. .^ M.A.C.No.22of2010 IVIemo of appeal under Section 173 of Motor Vehicle Act Present: Shri Dharmesh Shrivastava, counsel for the appellants. Smt. Chitra Shrivastava, counsel for respondent No.3. ORDER rth (17mNovember,2011) The following order &f the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 02.02.2009, passed in Claim Case No.98/2008. 2) As against the compensation of Rs.22,00,000/- claimed by the appellants/ claimants, unfortunate widow and mother of deceased Suresh Kumar Diwan, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 15.04.2008, the Tribunal awarded a total sum of Rs.6,40,048/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. The Tribunal on a close scrutiny of the entire evidence led .. ^ before Jt held that dece^sed Suresh Kumar Diwan died on account of the injuries sustained by him in the motor accident on 15.04.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing .^ .A.C.No.22of2010 registration No.C.G.-04G/7004; 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 con.ditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the impugned award, the findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.6,625/- per month. By deducting 1/3rd of Rs.6,625/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.4,417/- per month and Rs.53,004/- per annum. By multiplying the annual dependency of Rs.53,004/- with the multiplier of 12, the compensation was worked out to Rs.6,36,048/-. By awarding further sum of Rs.4,000/- under other heads, the Tribunal awarded a total sum of Rs'.6,40,048/- as compensation to the claimants for the death of deceased Suresh Kumar Diwan in the motor accident. The Trtbunal further directed payment of interest on the above amount of compensation of Rs.6,40,048/- @ 6% per annum from the date of filing of the claim petition till the date ofactual payment. 6) Shri'Dharmesh Shrivas^tava, learned counsel for the appellants submitted that thbugh the Tribunal has rightly assessed the income of the deceased at Rs.6,625/- per month and the claimants' dependency at Rs.4,417/- per month and Rs.53,004/- per annum, it has erred in selecting the lower multiplier of 12; in ..^- .—p'3^ :/-!^. if ^ -\ ,'?"£S5>» S, '.^^••aSiai ^' •^ •% t-i S M.A.C. No.22of2010 awarding only Rs.4,000/- under other heads; and in awarding low compensation of Rs.6,40,048/- only. 7) Smt. Chitra Shrivastava, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand supported the award and contended that the compensation of Rs.6,40,048/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Though learned counsel for the appellants has not challenged the assessment of the income of the deceased by the Tribunal at Rs.6,625/- per month and the claimants' dependency at Rs.4,417/- per month and Rs.53,004/- per annum, for our satisfaction, we have examined the entire material available in the Tribunal's records and we are satisfied that the Tribunal has rightly assessed the income of the deceased at Rs.6,625/- per month and the claimants' dependency at Rs.4,417/- per month and Rs.53,004/- per annum by deducting the usual 1/3 of the income ofthe deceased towards his personalexpenses. 9^. Nevertheless, the multiplierof 12 selected by the Tribunal is certainly on the lower side and requires reconsideration. 10) . Considering the age of the deceased his widow and mother, we are of the opinion that the rrtyltiplier of 17 would be appropriate in the present case. ' 11) By multiplying the annual dependency of Rs.53,004/- with the mjjltiplier of 17, the compensation works out to Rs.9,01,068/-. The claimants are further entitled to receive r; ^Sps. ' 1. ~-&._j?J ^^s-"^ M.A.C. No.22of2010 ^A Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.9,16,068/- as compensation for the death of deceased Suresh Kumar Diwan in the motor accident. 12) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.6,40,048A awarded by the Tribunal is enhanced to Rs.9,16,068/-. The enhanced amount of compensation of Rs.2,76,020/- shall carry interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 13) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.2,76,020/- (rupees two lakh seventy six thousand and twenty only) along with interest due thereon @ 6% per annum from the date of filing of the claim petition till the date of actual payment, before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Sd/- Chief Jusdce R.N. ge subbu ^! \ .^ n.1 1