^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRIRANGNATH CHANDRAKAR, J, Appellants Claimants Misc. Appeal (0 No. 430 of 2010 1. Smt. Bindu Bagh, age 45 years, w/o late Rajendra Bagh, 2. Pankaj Bagh, age 25 years, s/o late Rajendra Bagh. 3. Manish Bagh, age 23 years, s/o late Rajendra Bagh. 4. Ku. Versha Bagh, age 19 years, d/o late Rajendra Bagh. All the above are r/o ward No.02, Virendra Nagar, Saraipali, P.S. Saraipali, distt. Mahasamund C.G. VERSUS 1 Swaroop Pal, age 32 yrs, s/o Shri Dayamani Pal, r/o. village Bamd, post West Sonabandh, P.S. Bakuda, tahsil Salboni, D.T. West Midnapur, distt. Bakuda West Bengal through Sanjay Bihari Dhaba, Basna, distt. Mahasamund C.G. (Driver and Owner of Truck W.B.- 33/A/6337) 2 The New India Insurance Company Limited, I.N.D.A. Khadakpur, distt. Midnapur, through Regional Office/ Divisional Office, Kachhari chowk, Raipur Tahsil & Distt. Raipur C.G. (Insurance Com. of Truck W.B.- 33/A/6337) MemQ^ofappeaLynder Section 173 of IVIotor Vehicle Act Present: ShriJ.A. Lohani, counselfortheappellants. Respondents \^ r< >1; MAC.No. 430 of 2010 \' IS1 Shri Raj Awasthi and Shri Anand Gupta, counsel for respondent No.2. ORDER (13th October, 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 Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 15.01.2010, passed in Claim Case No.52/2009. 2) As against the compensation of Rs.17,25,000/- claimed by the appellants/ claimants, unfortunate widow and children of deceased Rajendra Bagh, by filing a claim petition under Sectioh 166 of the Motor Vehicles Act, for his death in the motor accident on 03.03.2009, the Tribunal awarded a total sum of Rs.2,92,000/- 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 Rajendra Bagh died on account of the injuries sustained by him in the motor accident on 03.03.2009; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration ,No.W.B.33/A/6337; 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 /•"'^•'•if ^,'•a .a^..^ j '^ .ssss^si M.A.C.No. 430 of 2010 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.3,000/- per month. By deducting 1/3rd of Rs.3,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.2,000/- per month and Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 12, the compensation was worked out to Rs.2,88,000/-. By awarding further sum of Rs.4,000/- under other heads, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation to the claimants for the death of deceased Rajendra Bagh in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,92,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri J.A. Lohani, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs.3,000/- per month and the claimants' dependency at Rs.2,000/- per month andRs.24,000/- per annum it has erred in selecting fhe lower multiplier of 12 and in awarding low sum of Rs.4,000/- only under other heads. 7) Shri Raj Awasthi and Shri Anand Gupta, learned counsel for respondentNo.2, the New India Insurance Company Limited, iSS.^S'Ssr^^ VJ^^M'^aS^S^Si ~"-^'' '% ?' .^ ^f v!y .^ MAC.No. 430 of 2010 the insurer of the offending vehicle Truck, on the other hand, supported the award andcontended that thecompensation of Rs.2,92,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Though learned counsel for the appellants has not challenged the assessment of the income of the deceased by the Tribunal at Rs.3,000/- per month and the claimants' dependency at Rs.2,000/- per month and Rs.24,000/- per annum, for our satisfaction, we have examined the entire evidence available on record and we are satisfied that the Tribunal has rightly assessed the income of the deceased at Rs.3,000/- per month and the claimants' dependency at Rs.2,000/- per month and Rs.24,000/- per annum by deducting the usual 1/3 of the income of the deceased towards his personal expenses. 9) Nevertheless, the multiplier of 12 selected by the Tribunal is certainly on the lower side and requires reconsideration. 10) Considering that deceased Rajendra Bagh was shown to be 48 years of age in his postmortem report, we are of the opinion that multiplier of 13 would be appropriate in the present ca'se 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 13 has been prescribed forthe age group between 46-50 years. 11) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 13 thecompensation works out to Rs.3,12,000/-. MAC.No. 430 of 2010 ^^ 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.3,27,000/- as compensation for the death of deceased Rajendra Bagh in the motor accident. 12) The claimants are further awarded a sum of Rs.5,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.35,000/-. 13) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,92,000/- awarded by the Tribunal is enhanced to Rs.3,27,000/- with further quantified amount of interest of Rs.5,000/- on the enhanced amount of compensation ofRs.35,000/-. 14) Respondent No.2 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.40,000/- (Rupees forty thousand only) (Rs.35,000/- towards enhanced amount of compensation + Rs.5,000/- towards quahtified amount of interest on the enhanced amount of compensation of Rs.35,000/-) before the concerning Claims Tribunal. 15> No order as to costs. Sd/- Chief Justice ''Sd/-:.',': ! R.N.Charidrakar Judge s nimmi