HIGH COURT OF CHHATTISGARH : BILASPUR SINGLE BENCH: HON'BLE SHRI R.L.JHANWAR, J. Misc. Appeal No. 1338 of 2004 APPELLANTS CLAIMANTS RESPONDENTS NON-APPLICANTS 1. Fulu Bai W/o Khedu Ram Sahu,aged 31 years. 2. Harishankar S/o Khedu Ram Sahu, aged 7 years. 3. Ku. Heera D/o Khedu Ram Sahu, aged 7 years, Appellants No. 2 & 3 are represented by Mother Fulu Bai. 4. Itwari Ram S/o Ghasiya Ram, aged 65 years. 5. Daya Bai, W/o Itwari Ram, aged 60 yrs, Appellants 4 & 5 are R/o Village Devada, P.0. Hasada, Berala, Distt - Durg (C.G.) VERSUS 1. Jasprit Singh S/o Pyara Singh C/o Darshan Singh, S/o Hansa Singh, R/o L.I.G-13, Tatibandh Tah & Distt. Raipur (C.G.) 2. Darshan Singh, S/o Hansa Singh, R/o L.I.G-13, Tatibandh, Tah. & Distt. Raipur (C.G.) 3. The Oriental Insurance Co. Ltd., Through Divisional Manager, Division No.2, Chawala Complex, Devendra Nagar Road, Raipur (C.G.) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT.1994 Appearance: Shri A.L. Singraul, counsel forthe appellants. Shri SudhirAgrawal, counsel for respondent No.3. QRDER (Passedon 22.07.2010) This appeal is directed against the award dated 07.08.2004 passed in Claim Case No. 117/2003 by the 4th Additional Motor Accidents Claims ^ Tribunal, Raipur (in short 'the Tribunal')whereby the Tribunal has awarded as sum of Rs.4,50,000/- 2 . Aggrieved by the compensation of Rs.4,50,000/- awarded by the Tribunal, the claimants have filed this appeal for enhancement. 3. Brief facts for necessary disposal of the case are that on 26.07.2003 when the deceased Kheduram was going on a bicycle, the driver of Truck bearing registration No.C.G. 04 ZC 1460 (henceforth 'offending truck') which was being driven by him rashly and negligently dashed the bicycle, resulting into instantaneous death of Kheduram. It was also pleaded that Kheduram was working as Electrician and used to earn Rs.5,000/- per month and the claimants are dependents on him. 4. Respondents No.1 & 2 were ex parte before the Tribunal. The respondent No.3 in his written statement denied the averments of the claim petition and has specifically stated that the driver of the offending vehicle has no valid licence at the time of accident and the accident took place due to wrong driving of bicycle by the deceased. 5. After recording evidence and hearing the learned counsel for the parties, the Tribunal has awarded a sum of Rs.4,50.000/- as compensation to the claimants. The Tribunal further awarded interest at 6% on the compensation amount. 6. The learned Tribunal after evaluation of evidence led before it, held that driver.ofthe offending truck was rash and negligent; on account of his rash and negligent driving the deceased Kheduram died on the spot and the offending truck was insured on the date accident. Against these findings, no appeal has been filed by respondent No.3. Thus, the findings recorded by the Tribunal have now attained finality. 7. Learned-counsel for the appellants/claimants submitted that the learned Tribunal has erred in taking the income of the deceased at Rs.4500/- instead of Rs.5000/- and hasalso erred in applying multiplier of 12 looking to the age of the deceased. /'"o\ !' ;s^ 1 ^ ^JJ ^•••te^-" .;^? '-^"s.s^' /<~^ 'p 8. On the other hand, learned counsel for respondent No.3 - insurance company argued that the award of compensation passed by the Tribunal is just and sufficient and no interference is called for in it. 10. After perusal of material available on record, it is clear that the Tribunal has assessed the income of the deceased at Rs.4500/-. 1 am of the view that the Tribunal has not erred in assessing the income of the deceased. So far as the deduction of Rs.1500/- is concerned, the Tribunal fixed the dependency of the claimants at Rs.3,000/- p.m. and Rs.36,000/- p.a. and looking to the age of deceased as 40 years on the date of accident has also used multiplier of 12. The Tribunal has erred in applying the multiplier of 12 looking to the age of the deceased whereas it ought to have been at 15, in view of the dictum of the Apex Court in the matter of Smt. Sarla Verma and Others v. Delhi Transport Corporation andAnother, 2009 (2) T.A.C. 677 (S.C.). 11. The annual dependency of Rs.36,000/- if multiplied by 15, then the dependency would be worked out to Rs.5,40,000/- Thus, the dependency comes out to Rs.5,40,000/-. The learned Tribunal has awarded compensation of Rs.4,50,000/- and after deducting this amount from the dependency of Rs.5,40,000/- worked out by this Court, the amount would come to Rs.90.000/-. Thus, the enhanced amount of compensation comes to Rs.90,000/-. 12. 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 appeal itself. 13. The accident in the present case, wherein deceased Kheduram lost his life, took place in the year 2003; the claim petition was filed by the claimants in the year 2003; the impugned award came to be passed in the year 2004 and the present appeal for enhancement of the compensation was filed by the appellants in the year 2004 and the appeal is being finally decided in the year 2010. Considering all the relevant factors 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 r .-^——fi't •-. . '•<? '-\ rt -"•C&h •:. \ ^ A1 delay in the matter, 1 quantify the amount of interest on the enhanced amount of compensation of Rs.90,000/- at Rs.4000/-. 14. For the foregoing reasons, the appeal filed by the appellants / claimants for enhancement of the compensation is allowed partly. The compensation of Rs.4,50,000/- awarded by the Tribunal is enhanced to Rs.5,40,000/- with further quantified interest of Rs.4,000/- on the enhanced amount of compensation of Rs.90,000/-. 15. Respondent No.3 - The Oriental Insurance Co. Ltd., is granted three months' time for depositing the total sum of Rs.94,000/- (Rs.90,000/- towards enhanced amount of compensation + Rs.4,000/- towards the quantified amount of interest on the enhanced amount of compensation of Rs.90,000/-) before the concerning Claims Tribunal. No order as to costs. Sd/- R.L. Jhanwar Judge Ba,