.-^. ""^ ^SSt^' I :^^^^h\ 'lii \^M^^ 3^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HQN'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants Misc. Appeal (C) No. 650 of 2006 1. Durpat Bai, wd/o Bhagirathi Verma aged about 43 yrs. 2. Tuliya Bai, d/o Bhagirathi Verma aged about 25 yrs. 3. Biram Bai d/o Bhagirathi Verma aged about 24 yrs. 4. Hemlata Bai d/o Bhagirathi Verma aged about 23 yrs. 5. Ku. Pushpa Bai d/o Bhagirathi Verma, agead about 17 yrs., Ku. Madhu d/o Bhagirathi Verma, on behalf of the appellant no.5 as legal representative her mother Durpat Bai, r/o. village & post Karmada, distt. Raipur C.G. VERSUS Respondents Non-applicants Dilip Kumar Rajak, s/o Shivkjumar Rajak c/o M/s. Verdhman Cargo Carrier, T.P. Nagar Tatibandh Raipur, P.S. Amanaka, distt. Raipur C.G.(Driver of Truck No. C.G. 04 ZC 0310) M/s Verdhman Cargo Carrier, T.P. Nagar, Tatibandh Raipur, P.S. Amanaka, Distt. Raipur C.G. (Owner of Truck No. C.G. 04 ZC 0310) The Orientai Insurance Co. Ltd., thr. Divisional Manager, the Oriental Insurance Co. Ltd., Kachahari Chowk, Jail Road, Raipur C.G. ,,,.^^^ ' '^^^. l't"';ij^^, M.A. No. 650 of 2006 3\ Misc. Appeal underSection 173 ofthe MotorVehicIe Act. (.- Present: Shri S.C. Verma, counsel for the appellants. Shri S.S. Rajput, counsel for respondents No.1 & 2. Shri A.K. Athaley, counsel for respondent No.3. ORDER ^th (19tnAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the 5th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 13.09.2005, passed in Claim Case No. 17/2004. 2) As against the compensation of Rs. 16,01,0007- claimed by the appellants/ claimants, unfortunate widow and children of deceased Bhagirathi Verma, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 12.06.2004, the Tribunal awarded a total sum of Rs.1,62,000/- as compensation 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 that deceased Bhagirathi Verma died on account of the injuries sustained by him in the motor accident on 12.06.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G.-04/ZC- 0310; as the above offending vehicle Truck on the date of the ( ^S3-i ' A -:<.>^^^."r.^;n! ;^ '%.. ^^y ^-sy M.A. No. 650 of 2006 3>' 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) 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 income of the deceased at Rs.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. 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. 10,0007- with the multiplier of 16, the compensation was worked out to Rs.1,60.000/-. By awarding further sum of Rs.2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs.1,62.000/- as compensation to the claimants for the death of deceased Bhagirathi Verma in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,62,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri S.C. Verma, 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 assessing his income at Rs.15,000/- per annum only; and in awarding low compensation of Rs.1,62,000/-only. ^ .fe- M.A. No. 650 of 2006 33 7) Shri A.K. Athaley, 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.1,62,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri S.S. Rajput, learned counsel for respondents No.1 and 2, the driver and owner of the offending vehicle Truck, also supported the award. 9) True, the claimants pleaded that deceased Bhagirathi Verma used to earn Rs.10,000/- per month from agriculture and by working as carpenter, no cogent and reliable evidence was led before the Tribunal to establish that the deceased had any agricultural land at all. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income ofthe deceased. 10) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2004 is certainly on the lower side and requires reconsideration. 11) Considering that deceased Bhagirathi Verma was aged about 44 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 2004. We, therefore, propose to recompute 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 .1 ^-'-x,^ '.' ^'fc'?'''1 M.A. No. 650 of 2006 ->^ personal expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/- per annum. 13) Deceased Bhagirathi Verma, according to the pleadings of the claimants in their claim petition was aged about 44 years on the date of the accident. In our opinion, multiplier of 14 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 14 has been prescribed for the age group between 41-45 years. 14) By multiplying the annual dependency of Rs.16,000/- with the multiplier of 14, the compensation works out to Rs.2,24,000/-. 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 loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.2,39,000/- as compensation for the death of deceased Bhagirathi Verma 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 relevant aspects of the matter, including the delay in disposal of the claim petition, and the present appeal ^m ^ •.y M.A. No. 650 of 2006 ^ [•• ..^- 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.77,000/- at Rs.8,000/-. 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.1,62,000/- awarded by the Tribunal is enhanced to Rs.2,39,000/- with further quantified amount of interest of Rs.8,000/- on the enhanced amount of compensation of Rs.77,000/-. 18) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.85,000/- (Rs.77,000/- towards enhanced amount of compensation + Rs.8,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.77,000/-) before the concerning Claims Tribunal. 19) No order as to costs. -——— Sd/- ChiefJustice Sd/- N. K. Agarwal Judge nimmi