HSGH COURT OF CHHATTISGARH AT BILASPUR DjVESiONiENCH RAJEEV GUPTA, CJ. •HON'BLE SHRI RANGNATH CHANDRAKAR, J Appeilarsts Appljcants Resporsdents Non-appticants Misc. Appeaj (Ci No.§13of 2006 1 Manti Devi, W/o Late Shankar Rai Age 35 2 Ranju Ku. D/o Late Shankar Rai, Age 13 3 Sanju Ku. D/o Late Shankar Raj, Age 11 , 4 Manju Ku. D/o Late Shankar Rai, Age 8 5 Ashok Kumar, S/o Late Shankar Rai, Age6 6 Anju Ku. D/o Late Shankar Rai, Age 3 Appeilant No.2 to 6 through naturai guardian mother appetlant No.1 Manti Devi, Wd/o Late Shri Shankar Rai, ali residents of ViJI Gopalpur, PS & Tehsit Mahuwa, PO Rashulpur Phatah Distt Vaishali (Bihar) VERSUS The New India Ensurance Com. Ltd., Through Branch Manager, Divisiona! Office Raipur First FEoor Madina Building Jail Road, Raipur (CG) 2 3 M/s Vijay Kumar Ingole, DC Amblkapur Distt Surguja (CG) Road R Diiip Kumar S/o R Rupai Swami, age 38, Occupation Driver, Resldent of DC Road Ambikapur, Distt Surguja (CG) MisceElaneous Appeal under Section 173 of Motor Vehicles Act SSs.J£ -^ Present : Shri AK Yadav, counsel for the appeiiants. Shri Shreekumar Agravvai, Senior CounseS with Shri Anand Gupta, counsei for respondent No.1. Shri Suresh Verma, counse! for respondents No.2 and 3. ORDER (01st March, 2011) The folfowing order of the Court was passed by Rajeev Gupta, C.J. Thls is claimants' appeai for enhancement of the compensation awarded by the Second Additionai Motor Accident Claims Tribunal, Surajpur, Dlstrict Surguja (for short 'the Tribunai') vide award dated 30.08.2006, passed in C!aim Case No.43/2006. 2) As against the compensation of Rs.37,17,000/-, ciaimed by the app8ilants/claimants,unfortunate widow and minor chiidren of deceased Shankar Rai by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 14.04.2002, the Tribunal awarded a total sum of Rs.2,84,200/- as compensation to the ciaimants along with interest @ 9% per annum from the date of the filing of the ciaim petltion tiil the date of actual payment. 3) The Tribuna! on a close scrutiny of the entlre evidence led before it heid that deceased Shankar Rai died on account of the Injuries sustained by him In the motor accident on 1 4.04.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehiple Bus bearing registratlon No.CG-04/8881; as the above offending vehicle Bus on the date of the accident was ,-y^< I '•^,,.^ j ...^' ^. insured with the New indla insurance Company Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liabie to pay the compensation to the claimants. 4) As the respondents have not filed any appeai against the award, the above findings recorded by the Tribunai have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 30% of Rs.36,000/- per annum towards the personai expenses of the deceased, the claimants' dependency was assessed at Rs.25,200/- per annum. By multipiying the annuai dependency of Rs.25,200/- with the multipiier of 11, the compensation was worked out to Rs.2,77,200/- per annum. By awarding further sum of Rs.7,000/- under other heads, the Tribunal awarded a total sum of Rs.2,84,200/- as compensation to the clalmants for the death of deceassd Shankar Rai in the motor acddent. The Tribunal further directed payment of Interest on the above amount of compensatlon of Rs.2,84,200/- @ 9% per annum from the date of fiiing of the ciaim petition tifl the date of actual payment. 6) Shri AK Yadav, iearned counsel for the appetfants submitted that the Tribunal has erred in selecting the lower multiplier of 11; and in awarding low compensation of Rs.2,84,200/- only. 7) Shri Shreekumar Agrawat, learned Senior Advocate with Shri Anand Gupta, iearned counsel for respondent No.1 the New India Ensurance Company Limited, on the other hand supported the n^~ award and contended that the compensation of Rs.2,84,200/- awarded by the Tribunat is just and proper compensation in the facts and circumstances of the present case. 8) Shri Suresh Verma, learned counsel for respondents No.2 and 3, the owner and driver of the offending vehlcle Bus also supported the award. 9) On due consideration of the evidence led by the ciaimants about the income of the deceased, we are satisfied that the Tribunat has rightly assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. 10) Considering the fact that there were as many as ssx clalmants, the deduction of 30% of the income of the deceased by the Tribunal towards his personai expenses also cannot be found fauit with. 11) Neverthetess, the multipiier of 11 selected by the Tribunal is certainiy on the tower side and requires reconsideration. 12) Considering the age of the deceased, his widow and their children, we are of the opinion that multiplier of 14 would be appropriate in the present case. 13) By multiplying the annua! dependency of Rs.25,200/- with the multiplier of 14, the compensation works out to Rs.3,52,800/-. The ciaimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for toss of estate; and Rs.5,000/-for loss of consortium tb the widow. The claimants, thus, become entitied to receive a total sum of Rs.3,67,800/- as compensation for the death of deceased Shankar Rai in the motor accident. 14) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entitled to receive Interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeai itseif. 15) Considering al! the reievant aspects of the matter inciuding the deiay in disposai of the ctaim petition and the present appeal, and the fact that the Insurance Company aione is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.83,600/- at Rs.8,400/-. 16) For the foregoing reasons, the appeal fiied by the appeilants/ claimants for enhancement of the compensatton is aiiowed in part. The compensation of Rs.2,84,200/- awarded by the Tribuna! is enhanced to Rs.3,67,800/- with further quantified amount of interest of Rs.8,400/- on the enhanced amount of compensation of Rs.83,600/-. 17) Respondent No.1 the New india insurance Cornpany Limited Is granted three months' time for depositlng the total sum of Rs.92,000/- (Rs.83,600/- towards enhanced amount of compensation + Rs.8,400/- towards quantified amount of interest on t'ne enhanced amount of compensation of Rs.83,600/-) before the concerning Claims Tribunai. 18) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge