HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. 1 SUNiL KUMAR SINHA. J. Aopellants Claim 'BL! Misc. Appeal No. 908 of 2603 1. Smt. Sandhya Sharma, widow of iate Sharad Sharma, aged about 23 years. 2. Kumari Radha Sharma, daughter of late Sharad Sharma, aged about 4 years. 3. Bajju Sharma, son of late Sharad Sharma, aged about 3 ye<ars. 4. Guddu Sharma, son of late Sharad Sharma, aged about 5 months. Appellants No. 2 to 4 are minors through their natural guardian mother Smt. Sandhya Sharma, wodow of late Sharad Sharma. 5. Shri Gauri Shankar Sharma, son of late Madho Prasad Sharma, aged about 70 years. 6. Smt. Shanti Sharma, wife of Gauri Shankar Sharma, aged about 65 years. All residents of Ward No.5 Post Tilda Newara District Raipur (C.G.) Non-cl'aimants Versys 1. Miiap Sahu, son of Shri Pardesi Ram Sahu, resident of Nandni Thana . Ahirwara, district Durg (C.G.) 2. Shri Ashwani Kumar Sharma, son of Shri C.L. Sharma, resident of Khuraipar, Post Office Bhilai, district Durg (C.G.) 3. National India In^urance Co. Ltd. through Divisional Managfer, Divisional Office, G.E. Road, Post and District . Raipur (C.G.) .A Miscellaneous appeal under Section 173 of the ?vtotor Vehicies Act Present: Shri Malay Kumar Bhaduri, learned counsel for the appellants. None for respondents No. 1 & 2. Shri Shree Kumar Agrawal, learned Senior Counsel with Shri Anand Gupta; iearned counsel for respondent No.3. >th (8m September, 2010) The foilowing order of the Court was passed by This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 09.07.2003, passed in Claim Case No. 181/2002. 2) As against the compensation of Rs.21,00,000/- claimed by the appeliants/claimants, unfortunate widow, minor children and parents of deceased Sharad Sharma, by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 18.10.2002 on account of the injuries sustained by him in the motor accident on 17.10.2002, the Tribunal awarded a total sum of Rs.4,06,729/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) iQae Tribunal on a close scrutiny of the entire evidence !ed before it held that deceased Sharad Sharma died on 18.10.2002 on account of the iniuries sustained bv him in the motor accident on h. R'B'!11!|J8 17.10.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G.07-C-0620; as the above offending vehicle Truck on the date of the accident was insured with the Nationai Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay cofflpensation tp the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribu'nal have now attained flnality. 5) Th.e Tribunal assessed the income of the deceased at Rs.4,000/- per month. By deducting 1/3rd of Rs.4,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.2,667/- per month and Rs.32,004/- per annum. By multiplying the annual dependency of Rs.32,004/- with the multiplier of 12, the compensation was worked out to Rs.3,84,048/-. By awarding further sum of Rs.18,681/- towards medicat expenses; Rs.2,000/- towards funeral expenses; Rs.2,000/- towards loss of consortium to the widow, the Tribunai awarded a total sum of Rs.4,06,729/- as compensation to the claimants. The Tribunal further directed payment of interest on the .above amount of compensation of Rs.4,06,729/- @ 6% per annum from the date of filing ofthe claim petitiontill the date ofactual payment. 6) ShFf-- Malay Kumar Bhaduri, learned counsel for the appeliants submitted ttiat the Tribunal has erred in setecting the l.,\ 4 lower multiplier of 12 and in awarding tow amount under other heads. 7) Shri Shree Kymar Agrawal, learned Senior Counsel with Shri Anand Gupta, learned counsel appearing for respondent No.3 the Nationa! tnsurance Company Limited (wrongty described as the National India Insurance Company Limited in the memo of appeai) on the other hand supported the award and contended that the Tribunal has been quite liberal in awarding substantial amount of Rs.4,06,729/- as compensation to the claimants.. 8) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor 9) The c!aimants cannot have any legitimate grievance about the assessment of the income of the deceased as they themselves pleaded that the deceased used to earn Rs.4,000/- per month by working in a private rice mitl and the Tribunal has assessed the Income ofthe deceased at Rs.4,000/- per month. 10) The claimants' dependency also has been rightly assessed by the Tribunal by'-deducting the usual 1/3 of the income of the deceased towards his personal expenses. 11) The multiplier of 12 selected by the Tribunal is certainly on the lower s'ide and requires reconsideration. 12) Considering the age of the deceased, his widow, their children and parents of the deceased, we are of the opinion that multipiier of 15 would be appropriate in the present case. 13) By multiplying the annual dependency of Rs.32,004/-, rounded off to Rs.32,000/- with the multiptier of 15, the compensation works out to Rs.4,80,000/-. By adding further sum of Rs.18,681/- awarded by the Tribunal towards the medical expenses and a sum of Rs.15,000/- under other heads, the ciaimants become entitied to receive a total sum of Rs.5,13,681/-. 14) 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. 15) Considering al! the relevant aspects of the matter, including the delay in disposa! of the claim petition and the present appeal and the fact that 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 Rs.1,06,952/- at Rs.13,048/- 16} For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.4,06,729/- ^warded by the Tribunal is enhanced^o Rs.5,13,681/- with further quantified amount of interest -/ '% of Rs.13,048/- on the enhanced amount of compensation of Rs.1,06.952/-. 17) Respondent No.3 The National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,20,000/- (Rs.1,06,952/- towards enhanced amount of compensation + Rs.13,048/- towards quantified amount of interest on the enhanced amount of compensation.of Rs.1,06,952/-) before the concerning Ciaims Tribunai. 18) No order as to costs. Sd/- Chief Justice Sd/- Suail Kun.ar Sinba Judge subbu