OF AT GUPTA,CJ. SUNIL SINHA, Misc, Appeai No. 600 of 2004 Ciaimants c Smt. Chandravati Singh, w/o. Janaradan Singh, aged about 43 years; caste Rajput, Profession House wife, R/o. Vill. Upendra Naaar^ Bhagaipur, Jashpur, dlstt. JashpurC.G. Janardan Singh, s/o. Brijmohan Singh, aged about 55 years occupation Conductor Caste Rajput, R/o. Viil. Upendra Nagar, Bhagalpur, Jashpur, distt. Jashpur C.G. Ranjeet Kumar Minz, S/o. Blausius Mlnz, aged about 25 years, profession vehicie owner; r/o. vill. Bhagaipur, P.S. Jashpur, distt. JashpurC.G, 2. The New india Assurance Co. Ltd. Office at Satigudipara, Raigarh C.G. 3. The Adjvashi Vltta & Vikas Nigam Shyamla Hills, Bhopai M.P. Reaistered owner of the vehicie Marshal Jeep No. M.P. 04-H/9078 ISC, 173 OF THE Present: Shri Azad Siddique, counsel for the appellants. Shri Sha'ilendra Sharma, counsel on behalf of Shri Prashant Jayaswal, Senior Counse!, for respondent No.2. y.-- ^ ^th c- (18mFebruary,2011) The foilowing order of the Court was passed by Gupta, C.J. The unfortunate parents of deceased Santosh Singh @ Babiu are the appeiiants before us in the appeal for enhancement of the compensatlon awarded by .the Second Additional Motor Accident Ciaims Tribunai, Jashpur (for short 'the Trib.unal') vide award dated 05.03.2004, passed in Ciaim Case No.06/2003. 2) As against the compensation of Rs.17,83,325/- daimed by the appeliants/ ciaimants, unfortunate parents of deceased Santosh Sin.gh @ BabSu, by fiiing a ciaim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 10.02.2002 , the Tribuna! awarded a totai sum of Rs.2,00,925/- as cornpensation aiong with interest @ 7% per annum from the date of fiiing of the claim petition till the date of actua! payment. 3) The Tribuna! on a cSose scrutiny of the entire evidence !ed before it heid that the ciaimants' son Santosh Singh @ Babiu died on account of theinjvries sustained by him in the motor accident on 10.02.2002; the accident occurred due to rash and negligent driving. of the driver of the offending vehicle Marshai Jeep bearing registration No.MP-04H/9078; as the above offending vehicle Marsha! Jeep, on the date of the accident was insured with the New india Insurance Company Limited, and the insurance company cou!d not establish any breach of the policy c-onditions, .^^^^ •/y^ \ \^'^QF^.'^ s %. 'is,^ J" .f ^ 'i^*^^ (,. the Insurance company was liable to pay compensation to the ciaimants. 4) As the respondents have not fiied any appeai against the award, the above findings recorded by the Tribunai have now attained finality. 5) The Tribunai consldering the age of the deceased, his parents and other reievant factors, assessed iump-sum compensation of Rs.2,00,000/- for the death of deceased Santosh Singh @ Bablu and further amount of Rs.925/- towards medical expenses on the treatment of the deceased. The Tribunal, thus, awarded a tota! sum of Rs.2,00,925/- as compensation to the clalmants. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,00,925/- @ 7% per annum from the date of filing of the claim petition tili the date of actuai payment. 6) Shri Azad Siddique, iearned counse! for the appeilants vehemently argued that the Tribuna! has erred in not assessing the compensation in the prescribed manner of first assessing the income of the deceased and then the ciaimants' dependency on the deceased and multipiying the annuai dependency with the appropriate muitipiier; and in awarding iump-sum compensation of Rs.2,00,000/- oniy. 7) Shri Shaliendra Sharma, learned counsel appearing on behaif of Shri Prashant -Jayaswal, iearned Senior Counsel for respondent No.2 the New india Insurance Company Limited on the v / A '^ l^S5^^. '"^%^^t^'' •v-/ other hand contended that the Tribunal has been quite iibera! in awarding substantlal amount of Rs.2,00,925/- as compensation to the ciaimants. 8) !n a motor accident daim case, what is important is that, the compensation to be awarded by the Courts/Tribunals shouid be just and proper compensation in the facts and circumstanc-es of the case. It shouid neit'ner be a meager amount of compensation, nor a Bonanza. 9) Now we shali examine as to whether the compensation of Rs.2,00,925/- awarded by th8 Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 10) Even assuming the income ofthe deceased at Rs.2,200/- per month and Rs.26,400/- per annum, the claimants' dependency, in view of the fact that the deceased was unmarried, would not be more than Rs.13,200/- per annum as 50% of the income of the deceased is required to be deducted towards the personal expenses of the deceased; as daimant No.2 Janardan Singh, father of deceased Santosh Singh @ Babiu was admittediy 55 years ofage, the appropriate multipiier, in view ofthe dictum ofthe Apex Court in the case of Sarla Verma (Smt) and Others Versus Traosport Corporation and another, reported in 6 SCC 121, whereln muitipller of 11 has been prescribed for the age group between 51-55 years; by multipiying the annua! dependency of Rs.13,200/- wlth the muitlpiier of 11, the compensatjon works out to Rs.1,45,200/-; by awardlng further sum of Rs.5,000/- towards w^, t^---' -• •^^^r'. \ subbu funerai expenses; Rs.5,000/- for loss of estate; and Rs.925/- awarded by the Tribunal towa.rds medical expenses, the claimants become entltied to receive a total sum of Rs.1,56,125/- as compensatlon, which is less than the compensation of Rs.2,00,925/- awarded bythe Tribunal. 11) For the foregolng reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunai. 12) The appeal fii.ed by the appeliants/ claimants for enhancement of the compensatlon, therefore, is liabie to be dismissed and is hereby dismlssed. 13) .No order as to costs. Sd/- . Chief Justice Sd/- Sunil Kumar Sinha Judge ^.--