MIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants r'- Misc. Appeal (C) No.760 of 2008 1 Smt Krishna Bai, aged about 36 years, d/o late Danuram Dahariya 2 Gayan Chand Dahariya, aged about 20 years, s/o late Danuram Dahariya 3 Gayani Dahariay, aged about 18 years, s/o late Danuram Dahariya 4 Sudeep Dahariya, aged about 16 years, s/o late Danuram Dahariya 5 Ku Kiran Dahariya, aged about 14 years, d/o late Danuram Dahariya 6 Ku Priti Dahariya, aged about 12 years, d/o late Danuram Dahariya Appellants No.4 to 6 are minor through their natural guardian mother of the appellants Smt Krishna Bai, w/o late Danuram Dahariya Al are the residents of village Domgaon, presently at Guma Police Station Bilha, District Bilaspur (CG) VERSU^ Respondents Non-applicants 1. Jeetram Yadav, s/o Punniram Yadav, aged about 35 years, r/o Khamahriya, Police Station Mungeli, Present Address : Tifra near Kali Mandir Police Station Civil Line, Tahsil & District Bilaspur (Driver) MACNo. 760 of 2008 2. Dayaram Tekam, S/o Bhimlal Tekam, r/o Village - Baksahi, Tahsil Pali, Distt Korba (CG) (Owner) 3 The Oriental Insurance Co Ltd., Korba Through Regional Manager, Regional Manager, Opposite Rajiv Plaza, Tahsil & District Bilaspur (CG) (Insurance Co) Memo of appeal under Section 173 of the Motor Vehicles Act. Present: Shri Hemant Gupta, counsel for the appellants. Shri Sourabh Sharma, counsel for respondent No.3. ORDER ^th (30tnAugust,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 Third Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 09.05.2008, passed in Claim Case No.341/2007. 2) As against the compensation of Rs.41,25,0007- claimed by the appellants/ claimants, unfortunate widow and children of deceased Danuram Dahariya, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 07.11.2007, the Tribunal awarded a total sum of Rs.3,25,000/- as compensation along with interest @ 7% 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 Danuram Dahariya died on account of MACNo. 760 of 2008 ^l^ the injuries sustained by him in the motor accident on 07.11.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Mahendra Pickup Van bearing registration No.C.G.-12/E.-0642; as the above offending vehicle Mahendra Pickup Van on the date of the accident was insured with the Oriental 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.2,500/- per month and Rs.30,000/- per annum. By deducting 1/3rd of Rs.30,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.20,000/- per annum. By multiplying the annual dependency of Rs.20,000/- with the multiplier of 15, the compensation was worked out to Rs.3,00,000/-. By awarding further sum of Rs.25,000/- under other heads, the Tribunal awarded a total sum of Rs.3,25,000/- as compensation to the claimants for the death of deceased Danuram Dahariya in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,25,000/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Hemant Gupta, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' MACNo. 760 of 2008 {•' evidence about the income of the deceased and in assessing his income at Rs.2,500/- per month and Rs.30,000/- per annum only; in selecting the lower multiplier of 15; and in awarding low compensation of Rs.3,25,000/- only. 7) Shri Sourabh Sharma, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Mahendra Pickup Van, on the other hand, supported the award and contended that the compensation of Rs.3,25,000/- 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 Danuram Dahariya used to earn Rs.500/- per day as Contractor, no cogent and reliable evidence was led before the Tribunal for establishing the above occupation of the deceased and his income to the extent of Rs.500/- per day. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. 9) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.2,500/- per month and Rs.30,000/- per annum is somewhat on the lower slde and requires reconsideration. 10) Considering that deceased Danuram Dahariya was aged about 45 years on the date of the accident, we are of the opinion that he could have easily earned Rs.100/- per day even by working as an unskilled labour in the year 2007. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.100/- per day; Rs.3,000/- per month and Rs.36,000/- per annum. ^ MACNo. 760 of 2008 •rL/ 11) By deducting the usual 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.24,000/- per annum. 12) As deceased Danuram Dahariya was 45 years of age on the date of the accident, we are of the opinion that multiplier of 14 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 Transport Corporation and another, reported in (2009) 6 SCC 121 wherein multiplier of 14 has been prescribed for the age group between 41-45 years. 13) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 14 the compensation works out to Rs.3,36,000/-. 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.3,51,000/- as compensation for the death of deceased Danuram Dahariya in the motor accident. 14) The claimants are awarded further sum of Rs.2,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.26,000/-. 15) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.3,25,000/- awarded by the Tribunal is enhanced to Rs.3,51,000/- with further quantified amount of interest of Rs.2,000/- on the enhanced amount of compensation of Rs.26,000/-. __:- MACNo. 760 of 2008 padma T-, 16) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.28,000/- (Rs.26,000/- towards enhanced amount of compensation + Rs.2,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.26,000/-) before the concerning Claims Tribunal. 17) No order as to costs. — —— Sd/- Chief Justice Sd/- N. K. Agarwal Judge &%