^.-'r""""-^' A-P-^ HIGHCOURTOF CHHATTISGARH ATBILASPUR DIVISION BENCH .(3 CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (CV No.ZC of 2006 ADpellants ^ 1. Smt. Kasturi Bai Yadu ' w/o late Claimants Shri Krishna Kumar Yadu aged about32 yrs. 2. Lavkant s/o late Shri Krishna Kumar Yadu aged about 16 yrs 3. Kushakant, S/o Late Shri Krishna Kumar Yadu, aged about 16 yrs Applicant No.2 and 3 are reprosented by legal guardian mother appellant No.1 and all r/o Dhobipara, Amapara, Raipur(CG) VERSUS ResDondents 1. Rameshwer Sahu, S/o Devnath Sahu, R/o Non-applicants Tama Sivni, PS Arang Tah & Distt Raipur (CG) 2. Ishwar Lal s/o K.K. Chandrakar R/o. Vill. Balod, P.S. Mandir Hasod distt. RaipurC.G. 3. The New India Insurance Company Limited Mandal Office G.E. Road, RaipurC.G. MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT.1988. Present: Shri S.C. Verma, counsel for the appellants. None for respondents No.1 and 2 though served. Shri SudhirAgrawal,counsel for respondent No.3. "% b^^ ^ ORDER (11th March, 2011) The following order of the Court was passed by, Rajeev Gupta, C.J. The unfortunate widow and minor sons of deceased Krishna Kumar Yadu are the appellants before us in this appeal for enhancement of the compensation awarded by the Ninth Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 25.01 .2006, passed in Claim Case No.31/2005. 2) As against the compensationof Rs.26,90,0007- claimedby the appellants/ claimants, unfortunate widow and minor sons of deceased Krishna Kumar Yadu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 30.04.2004, the Tribunal awarded a total sum of Rs.2,65,000/- as compensation to the claimants 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 scrutinyof the entire evidence led before it held that deceased Krishna Kumar Yadu died on account of the injuries sustained by him in the motor accident on 30.04.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Minibus bearing registration No.C.G.04/ZA-0645; as the above offending vehicle Minibus on the date of theaccident was insured with the New^ India 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.100/- per day; Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 10, the compensation was worked out to Rs.2,40,000/-. By awarding further sum of Rs.25,000/- under other heads, the Tribunal awarded a total sum of Rs.2,65,000/- as compensation to the claimants for the death of deceased Krishna Kumar Yadu in the motor accident. The Tribunal further directed paymentof interest on the above amount of compensation of Rs.2,65,000/- @ 9% 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 though the Tribunal has rightly assessed the income of the deceased at Rs.36,000/- per annum and the claimants' dependency at Rs.24,000/- per annum, it has erred in ^^ DN^ selecting the lower multiplier of 10 as the deceased on the date of the accident was aged about 40 years only. 7) Shri Sudhir Agrawal, learned counsel for respondent No.3, the New India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.2,65,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case.^ 8) In a motor accident claimcase, what is important is that, the compensationto be awarded by the Courts/Tribunals should be just and proper compensation inthe facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9) Now we shall examine as to whethec the compensation of Rs.2,65,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Though learned counsel for the appellants has not challenged the assessment of the income of the deceased and the claimants' dependency by the Tribunal, for our satisfaction, we have perused the evidence led by the claimants in that behalf and we are satisfied that the Tribunal has rightly assessed the income of the deceased at Rs.100/- per day; Rs.3,000/- per month and Rs.36,0007- per annum and the claimants' dependency at Rs.24,000/- per annum by deducting the usual 1/3 of the income of the deceased towards his personal expenses. ^\ ^ '\ ^ ^a» 11) The multiplier of 10 selected by the Tribunal considering that deceased Krishna Kumar Yadu was aged about 40 years, whereas his widow was shown to be 32 years of age on the date of the accident is certainly on the lower side and requires reconsideration. 12) Considering the age of the deceased, his widow and their children, we are of the opinion that multiplier of15 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 Transpori: Corporation and another, reported in (2009) 6 SCC 121, wherein multiplier of 15 has been prescribed for the age group between 36-40 years. 13) By multiplying the annual dependency of Rs.24,000/- with+ the multiplier of 15 the compensation works out toRs.3,60,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- forloss ofestate; and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.3,75,000/- as compensation for the death of deceased Krishna Kumar Yadu in the motor accident. 14) 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 theclaimants are entitled to receive interest on the enhanced amountof compensatjon, the N»N» amount of interest on the enhanced amount of compensatioh may be quantified in this appeal itself. 15) Considering all the relevant aspects of the matter, including the delay in disposal of the claim petition, and the present appeal 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 ofRs.1,10,000/-at Rs.11,000/-. 16) For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,65,000/- awarded by the Tribunal is enhanced to Rs.3,75,000/- with further quantified amount of interest of Rs.11,000/- on the enhanced amountof compensation of Rs.1,10,000/-. 17) Respondent No.3 the New India Insurance Company, Limited is granted three months' time for depositing the total sum of Rs.1,21,000/- (Rs.1,10,000/- towards enhanced amount of compensation + Rs.11,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.1,10,000/-) before the concerning Claims Tribunal. 18) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge subbu