CORAM: HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI N.K. AGARWAL, J. Appellants Applicants Misc. Appeal No. 630 of 2004 1 Respondents Non-applicants Smt. Divya Dewangan, widow of late Virendra Kumar Dewangan, aged about 29 (at present 31) years, Hemant Kumar Dewangan, agead about 12 (at present 14) years (minor), son of late Virendra Kumar DeWangan Yogesh Kumar Dewangan, aged about 9 (at present 11) years (minor) son of late Virendra Kumar Dewangan, Kumari Kiran Dewangan, aged about 6 (at present 8) (minor) daughter of late Virendra Kumar Dewangan, Sl. No. 2 to 4 are minors, through their natural guardian mother Smt. Divya Dewangan, resident of Virendra Tailor’s Chowk, Nayapara Road, Durg Tah and distt. Durg (Chhattisgarh) VERSUS Lalit Singh Rajput, son of Shri Gore Singh alias Virendra Rajput, aged about 25 (at present 27)‘ years, resident of Bajrang Nagar, Ward No.33, Durg, tah. and distt. Durg, on the Paar of Hatyara Khai Talab situated on Shivnath river road, near the house of Geetabai. Pravee'n Kumar Vakaliwala, son of Shri Madanial Vakaliwala, aged about 30 (at present 32) years resident of Aiya Nagar, Durg, distt: Durg (Chhattisgarh) Postal Address: 2 M.A. No. 630 of 2004 W C/o Jain Industry 27 Iight Industrial Area, Bhilai Nagar, Tah. and distt. Durg (Chhattisgarh) 3 Branch Manager, National Insurance Company Limited, Branch Bhilai Nagar, C.B. Ore 11 Thakkar Chambers, G.E. Road, Power House, Bhilai, Tahsil and district Durg (Chhattisgarh) Misc. Appeal under Section 173 of the Motor Vehicle Act. «2 Present: Shri R.N. Jha, counsel for the appellants. Shri Shreekumar Agrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.3. ORDER (18th August, 2011) ~ 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 Second Additional Motor Accident Claims Tribunal, Durg (for short ‘the Tribunal’) vide award dated 19.03.2004, passed in Claim Case No.13/2002. 2) As against the compensation of Rs.19,02,000/— claimed by the appellants/ claimants, unfortunate widow and minor children of deceased Virendra Kumar Dewangan, by filing a claim pe‘tition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 03.10.2001, the Tribunal awarded a total sum of Rs.1 ,83,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. (Q 3 M.A. No. 630 of 2004 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Virendra Kumar Dewangan died on account of the injuries Sustained by him in the motor accident on 03.10.2001; the accident occurred due to rash and negiigent driving of the motorcyclist of the offending vehicle motorcycle bearing registration No.M.P.-24—RA-5409; as the above offending motorcycle on the date of the accident was insured with the National insurance Company Limited and the insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not med 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 Rs.15,000/— per annum on the basis of the notional income prescribed in the Second Schedule under Section 163—A of the Motor Vehicles Act. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimants’ dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/— with the multiplier of 17, the compensation was worked out to Rs.1 ,70,0”00/-. By awarding further sum of Rs.13,000/— under other heads, the Tribunal awarded a total sum of Rs.1,83,000/— as compensation to the claimants for the death of deceased Virendra Kumar Dewangan in the motor accident. The Tribunal further directed payment of interest on the above amount of MA. No. 630 of 2004 compensation of Rs.1,83,000/— @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri R.N. Jha, Iearned counsel for the appellants submitted that the Tribunal has erred in not accepting the 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 RS.1 ,83,000/- only. 7) Shri Shreekumar Agrawal, Iearned Senior Counsel with Shri Anand Gupta, learned counsel for respondent No.3 the National Insurance Company Limited, the insurer of the offending vehicle motorcycle, on the other hand, supported the award and contended that the compensation of Rs.1,83,000/— awarded by the Tribunal is just 'and proper compensation in the facts and circumstances of the present case. 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 a Bonanza. 9) Now we shall examine as to whether the compensation of Rs.1,83,000/— awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) True, the claimants pleaded that deceased Virendra Kumar a Dewangan used to earn Rs.4,000/— per month as Tailor, no cogent and reliable evidence was led before the Tribunal for establishing the income of the deceased to the extent of Rs.4,000/— per month. l ‘7 5 M.A. No. 630 of 2004 3/ In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants’ evidence about the income of the deceased. 11) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/— per annum in the year 2001 is certainly on the lower side and requires reconsideration. 12) Considering that deceased Virendra Kumar Dewangan was aged about 35 years and was a tailor by occupation, we are of the opinion that he could have easily earned Rs.70-80/- per day from his tailoring work. I We, ‘ therefore, propose to recompute the compensation taking the income of the deceased at Rs.2,250/— per month and Rs.27,000l— per annum. 13), By deducting the usual 1/3r" of Rs.27,000/— towards the personal expenses of the deceased, the claimants’ dependency is assessed at Rs.18,000/— per annum. 14) As deceased Virendra Kumar Dewangan on the date of the accident was aged about 35 years, multiplier of 16, in our opinion would be appropriate in the present case in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121 wherein multiplier of 16 has been prescribed for the age group between 31-35 years. 15) By multiplying the annual dependency of Rs.18,000/- with the multiplier of'16, the compensation Works out to Rs.2,88,000/—. The claimants are further entitled to receive Rs.5,000l— towards funeral expenses; Rs.5,000/- for Ioss of estate 6 M.A. N0. 630 of 2004 g ?/ and Rs.5,000/— for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.3,03,000/— as compensation for the death of deceased Virendra Kumar Dewangan‘ in the motor accident. 16) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal 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 quantihed in this appeal itself. 17) 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 Rs.1,20,000/- at r Rs.15,000/—. 18) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,83,000/— awarded by the Tribunal is enhanced to Rs.3,03,000/— with further quantmed amount of interest of Rs.15,000/— on the enhanced amountuof compensation of Rs.1 ,20,000/—. 19) Respondent No.3 the National Insurance Company Limited is a granted three months’ time for depositing the total sum of Rs.1,35,000/— (Rs.1,20,000/— towards enhanced amount of compensation + Rs.15,000/— towards quantified amount of interest 7 M.A. No. 630 of 2004 §3 on the enhanced amount of compensation of Rs.1,20,000/—) before the concerning Claims Tribunal. 20) No order as to costs. Sd/- { Chief Justice nimmi ’ ii, ’y