HIGH GOURT OF GHHATTISGARH AT BILASPUR DIVISIONBENCH ADpellants Claimants HON'BLESHRI RAJEEV GUPTA, CJ. HON'BLE SHRISUNIL KUMAR SINHA, J. Misc. ADpeal No. 353 of 2003 1. Manbasia Bai, widowof Shri Roopsai Kushwaha, aged about 50 years, R/o. Vill. -Sirsj, Tahsil - Surajpur, dlstt — Surguja(C.G.) 2. Shivraj, son of Shri Roopsai Kushwaha, aged about 28 years, R/o. Vill - Sirsi, Tahsil - Surajpur, distt - Surguja (C.G.) 3. Brijlal.sonofShriRoopsaiagedabout 35 years, occupation—Agriculture. 4 Shivlaj, son of Shri Roopsai aged about 30 years, ocGtipation - Agrieulture (Both the appellants No. 3 & 4 are resident of Vili - h^ranje, P.S. Patna, Tahsil - Baikunthpur, Distt. Kopriya, /:.C.G.) • :. ' .:1 . :—::. Versus 1. Santosh .Kumar, son of Jeen Rajwar, aged about 20 years, R/o. Vill - Lodhima, P.S. Sutejpur, distt - Surguja, C.G. (Drjyer) 2. Ramlal RajwadS, son of^Shivdhari R/o. Vill - Pandan, P.0. Tejpur, Tahsil - Surajpur, DjstK : Surguja, C.G. (Owner) ! . . • .. ..'• • 3 The Oriental lnsurance]Gompany Ltd;, through its - Branch IManagei', ^hie Qriental tnsurance ©ompany Ltd, BranehOTfice—SadarRfeaBsNearState Bank bf India, Ambikapur, Distt : *. Surguja, C.G. . ^, ; •^ / (Insyrer) Respondents Non-Applicants "^^.^^(Bsa^iS^^^'i^i^siss-ss^sesssw»te»w&itaiESs»»^Uf!w»i, _i,.i.iia.-—a ••';;^: .—fi-;iii—NiiBill1;:'® IN'I lllll wl Miscellaneous appeal underSection 173of the Motor Vehicles Act Present: Shri Ashok Kumar Shukla, learned counsel for the appeliants. — None for respondents No. 1 & 2 though served. Shri Abhishek Sinha, learned counsel for respondent No.3. ORDER (11th August, 2010) 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 First Additional IVIotor Accident Claims Tribunai, Surajpur, District Surguja (for short 'the Tribunal') vide award dated 25.03.2003, passed in Claim Case No.02/2001. 2) As against the compensation of Rs.25,00,000/- claimed by the appellants/ claimants, unfortunate widow and major sons of deceased Roopsai Kushwaha by filing a daim petition under Section 166 ofthe MotorV^hicles Act, for his death in the motor accident on 25.12.2000, the Tribunal awarded a total sum of Rs.60,000/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition tili the date of actual payment. ; 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Roopsal-Kushwaha died on account of the injyjftes sustained by him in the motor accidenton 25.12.2000; the acddent oecurre.d dueto rash and negligent driving of the 1:1\ :i^..;'1! '^1 SGOoterist of the Scooter bearing registration No. MP-27D/4797; as the offending vehicle Scooter on the date of the accident was insured with ..the Oriental Insurance Companv Limited, the tnsurance Company was liable to pay compensation to the claimants. 4) As the respondents have not fifed :any appeal against ths award, the above findings recorded by the Tribunal have now attained finaiitv. , ' 5) The Tribunal assessed the .income of the deceased at Rs.:1,,200/- per month. By deducting Rs.400/- towards the personal expenses of the deceased the claimants' dependency wss •assessed at Rs.800/- per month and Rs.9,600/- per annum. By multiplyihg the annual dependency of Rs.9,600/- with the multiplier of 5, the compensation was worked out to Rs.48,000/-. The Tribunal appears to have rounded off the above amount of Rs.48,000/- to Rs.50,000/- asthe minimum amount payable under Section 140 of the Motor Vehicles Act was Rs.50,000/-. By adding further sum of Rs.10,000/- under other heads, the Tribunal awsrded a total sum of Rs.60,000/- as compensation to the claimants for the death of deceased Roopsai Kushwaha in the motor accident. The Tribunal further directed payment of interest on the above amount of compensatidn of Rs.60,000/- @ 7% per innum from the date of filing-of the daim petition till the date of 'v^ssssssss^ss^S^^ 6) Shri Ashok Kumar Shukla, learned counsel forthe appellants submitted that the Tribunal has erred in notaccepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.1,200/- per month only; in selecting the lower multiplier of 5; and in awarding low compensation of Rs.60,000/-only. 7) Shri Abhishek Sinha, learned counsel for respondent No.3 the Oriental Insurance Company Limited on the other hand supported the award andcontended thatas the deceasedwas an old and infirm person aged about 65 years, the compensation of Rs.60,QQO/- awarded by the Tribunal is just and proper compensation in the facts and cireumstances ofthe present case. 8) The claimants pleaded that deceased Roopsai Kushwaha usedto earn Rs.5,000/- per,month by selling milk, whereas the Tribunal assessed his inGQme at Rs.40/- per day and Rs.1,200/- per month. Considering that deceased Roopsai Kushwaha was aged about 65 years and the unfortunate accident wherein the deceased lost his life took place in the year 2000, the assessment of the income of the deceased by the Tribunai at Rs.1,200/- per month is certainlyon the iowerside. The multiplier of5 selected by the Tribunal also is on the lowerside in wewof the dictum ofthe Apex Court in the case ofSarlaVerma (Smt)and OthersVersus Delhi Transport Corporation and andther, repo^teci in ^2009) 6 SCC 12l.^Fhe Tribynal further appears to have fallen inta error in not awarding anysumtowardslossofconsortium to thg widow. IIIIfl %. i "?J '^ts-^' ;f % 9) Considering all the relevant aspects of the matter and the above mentioned broad featuresofthe case, we are oftheopinion that further award of Rs.25,000/- inclusive of tnterest component on the enhanced amount of compensation would make the compensation of Rs.60,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe present case. . 10) The appeal filed by the appellants / claimants for enhaneement ofthe compensation, therefore, is allowed in part. The appellants / claimants are awarded further sum of Rs.25,000/- inclusive of interest component on the enhanced amount bf compensation, inaddition to thesumof Rs.60,000/- awarded by theTrjbunal. 11) Respondent No.3 the Oriehtal Insurance Company Limited is granted three months' time for depositing the sum of Rs.25,000/- before the concerning claims Tribunal . 12) Noorder as to costs. Sd/- Chief Justice Sd/- . '" 'i iiKusnar Sinha , Judge v "••"•u**«"«i«<—B ia..s.,.uu.;aii6aai