W HIGH COURT OF CHHATTISGARH AT BILASPUR DWDSION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRH RANGNATH CHANDRAKAR, J. Misc. Aggeai (C) NO. 372 of 2006 Anpeilants 1. Hasina Begum, W/o Shri Shiekh Anwar Claimants aged about 4O years, 2. Hasina Begum, W/o shri $hiekh Anwar aged about 39 years. Both are residence of Risaipara, Dhamtari, Tahsil and Distt - Dhamtari (CG) Versus Resbcndenis 1. Rajkumar S/o Krishna Ram Patel r/o Ashok Nagar Gudiyari, Raipur Tahsil & Distt — Raipur (CG) 2. Gopi Chand Chhelani, S/o Vishanu Ram Chhelani, r/o Janta Colony Gudiyari, Raipur, Tahsil & Diett - Raipur (CG) W 3 The New !ndia —lnsurance Company Limited, Thakkar Bhawan, G.E. Read, Bhilai, Distt. Durg (C.G.) Miscellaneous agoeal under Section 173 of the Mater Vehicles Act Present : v Shri Sunil Sahu, learned counsel for the appellants. None for respondents No. 1 & 2. $hri Raj Awasthi, learned counsel for respondent No.3. 0 R D E R (.7‘“ September, 2910) The following order of the Court was passed aby Rageev Gupta, C.J. @ This is claimants’ appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short ‘the Tribunal') vide award dated 27.09.2006, passed in Claim Case No.180/2005. 2) As against the compensation of Rs.1 4,00,000/- claimed by the appellants/ claimants, unfortunate widows of deceased Sheikh Anwar by fiiing a claim petition under Section 166 of the Motor vehicles Act, for his death in the motor accident on 14.03.2005, the Tribunal awarded a total sum of Rs.1 ,80,000i— as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. '3) The Tribunal on a cidse scrutiny of the entire evidence led before it held that deceased SheikhAnwar died on account of the injuries sustained by' him in the motor accident on 14.03.2005; the accident occurred due to rash,and negligent driving of the driver of the offending vehicie Metador bearing registration No.CG-04—ZB/0701; as the offending vehicle Metador on the date of the accident was insured with the New lndia insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not tiled 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 R's.15,000l— per annum on the basis of the notional income \ sa- C99 prescribed in the Second Schedule under Section 163 of the Motor Vehic!es Act. By deducting 1/3’“ of Rs.15,000/- towards the persona! expenses of the deceased, the claimants’ dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000f— Vwith the multiplier of 16; the compensation was worked out to Rs.1,60,000/—. By awarding further sum of Rs.20,000/- under other heads; the Tribunal awarded a total sum of Rs.1,80,000/— as compensation to the claimants. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,80,000/- @ 6% per annum from the date of filing of the claim petition tiil the date of actual payment. 6) Shri Sunil Sahu, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the V claimants’ evidence about the income of the deceased and in assessing his income at Rs.15,000/— per annum only; and in awarding low compensation of Rsi ,80,000/— only. 7) Shri Raj Awasthi, learned counsel for respondent No.3 the New lndia insurance Company Limited on the other hand supported the award and contended that the compensation of Rs.1,80,000/— 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 Sheikh Anwa‘F used to. earn Rs.3;000/- per month as driver, the evidence of the owner of the vehicle was to the effect that a sum of Rs.2,500/- ,p' / was paid to the deceased as salary and Rs.30/- per day as daily auowance. 9) On due consideration, we are of the opinion that the Tribunal ought to have assessed the income of the deceased at Rs.2;500l- per month and Rs.30,GOO/- per annum on the above evidence led by the ciaimants. We, therefore, propose to re-compute the compensation taking the income‘of’ the deceased at Rs.2,500/— per month and Rs.30,000/— per annum. 1.0) By deducting the usua! 1/3” cf Rs.-.,0,QQD./— towards the personal expenses of the deceased, the claimants’ dependency is assessed at Rs.20,000/— per annum. 11) Though the claimants pleaded that deceased Shiekh Anwar was aged about 40 years, in his postmortem report he has been shown to be 47 years of age. That apart, his driving license was issued in the year 1977, meaning thereby that he was 18 years of age in the year 1977. On that basis also, the age of the deceased in the year 2005 would be around 47-48 years. ln View of the above age of the deceased, multiplier of 13 would be appropriate in the present case in view of the recent dictum of'the Apex Court in the case of Saria Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in Q2009) 6 SCC 121, wherein multiplier of 13 was prescribed for the .w age group between 46-50 years. 12) By multiplying the annual dependency of Rs.20,000/- with the multiplier of 13; the compensation works out to Rs.2,60,000/—. /\ I/ @ By awarding the further sum of Rs.20,000/- awarded by the Tribunal under other heads, the claimants become entitled to receive a total sum of Rs.2,80,000/— as compensation for the death of deceased Shiekh Anwar in the motor accident. 13) 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. 14) 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 of i RS1 ,00,000/— at RS.5,000/-. 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.1 ,80,00D/- awarded by the Tribunal is enhanced to Rs.2,80,000/- with further quantified amount cf interest of Rs.5IOOG/- on the enhanced amount of compensation of Rs.1 ,OO;OOO/—. 16) Respondent No.3 The New lndia insurance Company Limited is granted three months’ time for depositing the totai sum of Rs.1,05,000/- (Rs.1,00,000/— towards enhanced amount of £37