HIGH COURT OF CHHATTISGARH AT BILASPUR . DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI N.K. AGARWAL, J. Misc. Agpeal No. 886 of 2006 Agpellants Applicants Smt. Maina Bai, wd/o late Ne'micha'nd Dewangan, aged about 28 years, Kur Khushbu, d/o late Nemichand Dewangan aged about 8 months, By Mother Appellant No.1 Smt. Premlnbai, wd/o late Ramth Dewangan, aged about 51 yrs, Chandrashekhar Dewangan, s/o late Ramnath Dewangan, aged about 14 yrs, By mother appellant No.3 All r/o. vill. Kesala, P.S. Kharora, distt. Raipur C.G. Presently r/o. Aarang Basti, Aarang, distt.,‘Raipur C.G. VERSUS Respondents Non-applicants Raju @ Girdharl Dewangan, s/o Param Dewangan, age Ab. 20 yrs., Daulatram Dewangan, s/o Chintaram Dewangan 1 & 2' are R/o Tilda Newra, Shitlapara, distt. Raipur. Y The Oriental Insurance Co. Ltd. By Divisional Manager, Divisional Office, Kutchery Chowk, Jail Road, Raipur C.G. Memo of apgeal under Section 173 of the Motor Vehicles Act. na 2 MA. No‘ 886 of 2006 5v Present : Shri Pawan Kesharwani, counsel for the appellants. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3. ORDER (09m December, 201 1) The following order ofa 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, Raipur (for short ‘the Tribunal’) vide ‘award dated 22.10.2005, passed in Claim.Case No.47/2005. 2) As against the compensation of Rs.80,00,000/— claimed by the appellants/ claimants, unfortunate widow, minor daughter, mother and brother of deceased Nemichand Dewangan, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 23.07.2004, the Tribunal awarded a total sum of Rs.3,13,000/- 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 deceased Nemichand Dewangan died on account of the injuries sustained by him in the motor accident on 23.07.2004; the accident occurred due‘to rash and negligent driving of the driver of the offending vehicle Maruti Van bearing registration No.C.G.- 04/ZP-1 186; as the above offending vehicle Maruti Van on the date of the ’accident’was insured with the Oriental Insurance Company * : \* W * ix 3 M.A. No. 886 of 2006 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.2,400/— per month. By deducting 1/3’d of Rs.2,400/- towards the personal expenses of the deceased, the claimants’ dependency was assessed at Rs.1,600/— per month and Rs.19,200/— per annum, which was rounded offto Rs.19,000/— per annum. By multiplying the annual dependency of Rs.19,000/- with the multipiier of 16, the compensation was worked out to Rs.3,04,000/—. By awarding further sum of Rs.9,000/- under other heads, the Tribunal awarded a total sum of Rs.3,13,000/— as compensation to the claimants for the death of deceased Nemichand Dewangan in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,13,000/— @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Pawan Keshan/vani, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs.2,400/- per month and the claimants’ monthly dependency at Rs.1,60b/—, it has erred in reducing the annual dependency from Rs.19‘,200/- to Rs.19,000/—; in awarding only Rs.9,000/— under other heads; and in awarding Iow compensation of Rs.3,13,000/— only. 4 MA. No. 886 of 2006 7) Shri Sudljir Agrawal and Shri P. Dutta, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Maruti Van, on the other hand, supported the award and contended that the compensation of Rs.3,13,000/— awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Though learned counsel for the appeilants has not challenged the assessment of the income of the deceased by the Tribunal at Rs.2,400/— per month and the claimants’ dependency at Rs.1,600/- per month, 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.2,400/— per month and the claimants’ dependency at Rs.1,600/— per month. 9) Nevertheless, the Tribunal has certainly erred in reducing the annual dependency of the claimants from Rs.19,200/— to Rs.19,000/—. ’ We, therefore, propose to recompute the compensation taking the annual dependency at Rs.19,200/-. 10) The multiplier of 16 selected by the Tribunal, in our opinion, is appropriate considering that deceased Nemichand Dewangan was aged about 32 years and the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and anothe‘r, reported in (2009) 6 SCC 121 prescribes the multiplier of 16 for the age group between 31-35 years. 11) By multiplying the annual dependency of Rs.19,200/- with the multiplier of 16 the compensation works out to Rs.3,07,200/—. The 5 M.A. No. 886 of 2006 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.3,22,200/— as compensation for the death of deceased Nemich‘and Dewangan in the motor accident. 12) The claimants are further awarded Rs.1,800/— towards quantified amount of interest ion the enhanced amnt of compensation of Rs.9,200/—. t 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.3,13,000/— awarded by the Tribunal is enhanced to Rs'.3,22,200/- with further quantified amount of interest of Rs.1,800/— on the enhanced amount of compensation of Rs.9,200/—. 14) Respondent No.3 the Oriental Insurance Company Limited is granted three months’ time for depositing the total sum of Rs.11,000/- (Rupees eleveng‘thousand only) (Rs.9,200/— towards enhanced amount of compensation + Rs.1‘800/- towards quantified amount of interest on the enhanced amount of compensation of Rs.9,200/-) before the concerning Claims Tribunal. V subbu ou 15) No order as to costs. T Sd/- Sd/— , N.K.Agarwal x Chief Justice Judge