ssss^ ^ V/ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants (Claimants) Respondents (Non-applicants) Misc. Appeal (0 No. 1081 of 2010 1. Smt. Puraeen bai, w/o late Kashidas, aged about 45 years, 2. Bhuwandas, s/o late Kashidas Panika, aged about 25 years, 3. Minor Anita d/o late Kashidas, aged about 15 years, through natural guardian Puraeenbai, all r/o village Chhuri, Katghora, district Korba C.G. VERSUS 1. Nandkishore s/o Brijnandan Sao, "vehicle driver" r/o. Beergaon, Urla, Dharsinwa, Raipur C.G. 2. Lallan Prasad Verma, s/o Shivraj Verma, "vehicle owner" R/o. Korba Road Lines, Ringroad No.2, Raipur C.G. 3. The New India Insurance Company Limited, through office of the Branch Manager, Korba C.G. [ IV!isc. Appeal underSection 173 ofthe MotorVehicleAct. Present: Shri Basant Kaiwartya, counsel for the appellants. Shri K.N. Nande,counselon behalfofShri Mahaveer Bhatnagar, counsel for respondent No.3. ORDER ind (02naSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Ea" .r-^T^."?^-- "--\ MAC.No. 1081 of 2010 This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Katghora, district Korba (for short 'the Tribunal') vide award dated 01.09.2010, passed in Claim Case No.13/2009. 2) As against the compensation of Rs.14,50,000/- claimed by the appellants/ claimants, unfortunate mother, brother and sister of deceased Gyandas, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 10.05.2008, the Tribunal awarded a total sum of Rs.1,86,500/- 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 Gyandas died on account of the injuries sustained by him in the motor accident on 10.05.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.CG04/J-9760; as the above offending vehicle Truck on the date of the accident was insured with the New.lndia Insurance Company Limited and the Insurance Company could not -establish any breach of the policy conditions, the Insurance Cdmpany 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 ti ° Tribuna! have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.1,500/- per month. By deducting 50% of Rs.1,500/- towards M.A.C.No. 1081 of 2010 0/ the personal expenses of the deceased, the claimants' dependency was assessed at Rs.750/- per month and Rs.9,000/- per annum. By multiplying the annual dependency of Rs.9,000/- with the multiplier of 18, the compensation was worked out to Rs.1,62.000/-. By awarding further sum of Rs.24,500/- under other heads, the Tribunal awarded a total sum of Rs.1,86,500/- as compensation to the claimants for the death of deceased Gyandas in the motor. accident. The Tribunal furi:her directed payment of interest on the above amount of compensation of Rs.1,86,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Basant Kaiwartya, learned counsel for the appellants vehemently argued that the Tribunal has erred in assessing the income of the deceased at Rs.1,500/- per month only; in deducting 50% of the income of the deceased towards his personal expenses; and in awarding low compensation of Rs.1,86,500/-only. 7) Shri K.N. Nande, learned counsel appearing on behalf of Shti Mahaveer Bhatnagar, 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 contended that the compensation of Rs.1,86,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) True, the claimants pleaded that deceased Gyandas used to earn Rs.250 - 300/- per day as Auto-rickshaw Driver and the MAC.No. 1081 of 2010 Tribunal has assessed his income at Rs.1,500/- per month. In fact, AW-1 Smt. Puraeen Bai, mother of deceased Gyandas in para 7 of her cross-examination categorically admitted that her son Gyandas was getting salary of Rs.1,500/- per month from one Loka Dewangan for driving the Auto-rickshaw. In this state of evidence, we do not find any infirmity in the assessment of the income of the deceased by the Tribunal at Rs.1,500/- per month. 9) The deduction of 50% of the income of the deceased by the Tribunal towards his personal expenses also cannot be found fault with considering that deceased Gyandas on the date of the accident was unmarried and in view of the dicta of the Apex Court in the cases of Syed Basheer Ahamed and others Versus Mohammed Jameel and another reported in (2009) 2 Supreme Court Cases 225 and Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC121. 10) The multiplier of 18 selected by the Tribunal is certainly on the higher side considering that claimant No.1 Smt. Puraeen Bai, mother of deceased Gyandas was aged about 45 years and in view of the dictum of the Apex Court in the case of Municipal C^rporation of Greater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC-731, wherein it was held that in those cases where the claimants are parents of the deceased, the multiplier should never exceed 10. 11) The Tribunal has been quite liberal in awarding substantial amount of Rs.24,500/- under other heads. <F .A.C.No. 1081 of 2010 12) For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 13) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 14) No order as to costs. Sd/- Chief Justice nimml Sd/- R.N. Chandrakar Judge