^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRS RANGNATH CHANDRAKAR, J Misc. Appeal (0 No.551 of 2007 Appellants Claimants 1 Vishnu Prasad Tiwari, aged about 46 years, S/o Late Hiratal Tiwari 2 Smt Kamodani Bai Tiwari, aged about 40 years, W/o Vishnu Prasad Tiwari Both R/o Village - Charbhata, Post Office - Kodwa, Mungeij, District Bilaspur (CG) Respondents Non - claimants VERSUS Surajdev Rai, S/o Lt Badanram Ravidas aged about 28 years, R/o Amraiya, Korba, Police Station - Korba, District - Korba (CG) Original Address - R/o Didsul, Police Station - Rella, District Gadhwa (Jharkhand) (Vehicle Driver) •), Jasbir Kaur through Indrajeet Chawla, ,S/o DiJip Singh Chawla, Attorney Holder Smt Jasbit Kour, R/o Gurunanak Nagar, Telibandha, Raipur District - Raipur (CG) (Vehicle Owner) The National Insurance Company Limited, through Divisional Office, Divisional Manager, Mobin Mahal, GE Road, Raipur, Tehsil & Distric t- Rajpur (CG) (Insurance Company) Miscellaneous Appeal under Section 173 of \, Motor Vehicles Act ^^^^^" Present : Shri Shivendu Pandya, counsel for the appellants. Shri GVK Rao, counsel on behalf of Shri Q Aziz, counsel for respondent No.3. -...^ ORDER (25th April, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents of deceased Asnu @ Tikam Tiwari are the appellants before us in this appeal for enhancement of the compensation awarded by the 3 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 29.03.2006, passed in Claim Case No. 112/2004. 2) As against the compensation of Rs.21,50,000/-, claimed by the appellants/clajmants, unfortunate parents of deceased Asnu @ Tikam Tiwari, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 27.06.2004, the Tribunal awarded a total sum of Rs.2,00,000/- as compensation along with interest @ 9% 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 the claimants' son Asnu@ Tikam Tiwari died on account of the injuries sustained by him in the motor accident on 27.06.2004; th^ accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing ..-r^ ^, ^s^^; ^«-^a ^ registration No.CG04-G/0256; as the above offending vehicle Truck on the date of the accident was insured with the National Insurance Company Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay the 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. By deducting 1/3rd of Rs.15,000/- towards the personal expenses ofthe 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 15, the compensation was worked out to Rs.1,50,000/-. By awarding further sum of Rs.50,000/- under other heads, the Tribunal awarded a total sum of Rs.2,00,000/- as compensation to the claimants for the death of their son Asnu @ Tikam Tiwari in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,00,000/- @ 9% per annum from the date of filing of the claim petition till thedate of actual payment. 6) Shri Shivendu Pandya, learned counsel for the appeliants vehemently argued that the Tribunal has erred in awarding low compensation qf Rs.2,00,000/- only, though the claimants' son Asnu @ Tikam Tiwari would have extended great support to the claimants in their old age. \.-'.'.'(. © 7) Shri GVK Rao, learned counsel on behalf of Shri Q Aziz, learned counsel for respondent No.3, the National Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand supported the award and contended that, the compensation of Rs.2,00,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) 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 i a bonanza. 9) Now, we shall examine as to whether the compensation of Rs.2,00,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) The claimants' son Asnu @ Tikam Tiwari was aged about 26 years on the date ofthe accident. Though the daimants pleaded in the claim petition that the deceased was earning Rs.10,000/- per month as doctor in anursing home of Dr CM Kondayya, Bhilai, 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/- per month. For the reasons best known tp.the claimants, Dr CM Kondayya, proprietor ofthe nursing home was not examined before the Tribunal. The statement of claimant V13 Tjwari, father of deceased Asnu @ Tikam Tiwari recorded before the registration of the claim petition is to the effect -•m G^) that his son at the time ofthe accident was a student ofthree years' medical course. 11) The compensation of Rs.2,00,000/- awarded by the Tribunal, when examined in the context of the above mentioned broad features of the case and the fact that deceased Asnu @ Tikam Tiwari at the time of the accident was a student,we are satisfied, is just and proper compensation in the facts and circumstances of the present case and does not call for any enhancement in this appeal. 12) The appeal filed by the appellants/claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. . 13) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu \ • '\