^ HiGH COURT OF CHHATTISGARH AT B8LASPUR D1VISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J AppeSlants Ctaimants Misc. Appeal (Cl No. 33 of 2006 1 Khuman Singh, aged about 40 years, S/o Dayaram Sahu 2 Jethin Bai, wife of Khuman Singh Sahu, aged about 38 years Both are residents of village Bhalujhulan, Tahsit Kurud, Distt Dhamtari (CG) Respondents VERSUS Bheem Sahu, aged about 27 years, son of Shri Johatram Sahu, resident of village Sarsonpuri; Tah and Distt Dhamtari (CG) (Driver of vehicle No. CG 5-A-5586) Shekh Akram, son of Shri Sheikh Shaqur, aged about 27 years, R/o Vivekanand Nagar, Dhamtari, Proprietor, National Engineering Ratnabandha Chowk, Dhamtari Distt Dhamtari (CG) (Owner ofvehicte No. CG 5-A-5586) The United india Insurance Co. Limited, Madina Building Jail Road, Raipur (CG) (insurer of vehicle No. CG 5-A-5586) iVliscelSaneous Appea! under Section 173 of Motor Vehicles Act Present: Sbri S.S. Agrawal, counsel for the appellants. Shri Vikas Pradhan, counsel for respondent No.1 None for respondent No.2 though served. ..AX,^.^ f^2\ ite5j \^y "ci-^2iK^^"' Shri Sanjay S. Agrawal, counsel for respondent No.3 ORDER (21st February, 2011) The foliowing order of the Court was passed by Rajeev Gupta, CJ. The unfortunate parents of deceased Kalyan Singh are the appellants before us in this appea! for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari, district Raipur (for short 'the TribunaJ') vide award dated 10.05.2006, passed in Claim Case No.70/2005. 2) As against the compensation of Rs.9,40,000/-, ciaimed by the appellants/claimants, unfortunate parents of deceased Kalyan Singh by filing a claim petition under Section 166 of the Motor Vehicies Act, for his death in the motor accident on 26.03.2005, the Tribunal awarded a total sum of Rs.1,80,000/- as compensation to the claimants along with interest @ 6% per annum from the date of the filing of the claim petition tilt the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that the claimants' son Kalyan Singh died on account of the injuries sustained by him in the motor accident on 26.03.2005; the accident occurred due to rash and negligent driving ofthe driver ofthe offending vehicle Hero Honda Motorcycle bearing registration No.C.G.OSA/5586; as the above offending vehicle Motorcycle on the date of the accident was insured with the United India Insurance Company Limited, and the Insurance i^r\ J€^r,1 i '^a-^^''-^ B \ •^y Company could not estabtish any breach of the policy conditions, the Insurance Company was liable to pay the compensation to the claimants. 4) As the respondents have not fited 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 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 for the death of deceased Kalyan Singh in the motor accident. The Tribunal further directed payment of interest on the above amount of compensatjon of Rs.1,80,000/- @ 6% per annum from the date of filingof the claim petition till the date of actual payment. 6) Shri S.S. Agrawal, learned counsel for the appeltants submitted that the Tribunal has erred in not accepting the ctaimants' 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 ,80.000/- only. ^>^ 1 •^.-..^••'' ",; 1. A 7) Shri Sanjay S. Agrawal, learned counsel for respondent No.3 the United India Insurance Company Limited, on the other hand submitted 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) Shri Vikas Pradhan, learned counset for respondent No.1, also supported the award. 9) True, the daimants pleaded that their son deceased Kalyan Singh used to earn Rs.100/- per day as labour, the Tribunal has assessed the income ofthe deceased at Rs.15,000/- per annum on the basis of the notionat income prescribed in the Second Schedute under Section 163-A of the Motor Vehicles Act. 10) Considering that deceased Kalyan Singh was aged about 20 years, we are of the opinion that he could have easily earned Rs.100/- per day in the year 2005. even by working as an unskilled labour. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. 11) As deceased Kalyan Singh was unmarried on the date of the accident, 50% of the income of the deceased is required to be deducted towards his personat expenses in view of the dictum of the Apex Court in the case of Syed Basheer Ahamed and others Vs Mohammed Jameel and another reported in (2009) 2 Supreme Court Cases 225. We, therefore, assess the claimants' dependency at Rs.18,000/- per annum by deducting 50% of Rs.36,000/- towards the personal expenses ofthe deceased. -^- .^' ^. 12) As the claimants are parents of the deceased, the appropriate multiplier in the case would be 10 in view of the dictum of the Apex Court in the case of MunicipaJ Corporation of Greater Bombay Vs Laxman lyer and another, reported in (2003) 8 SCC-731, wherein it was held that in those cases where the daimants areparents ofthe deceased, the multiplier-should never exceed 10. 13) By multiplying the annual dependency of Rs. 1 8,000/- with the multiplier of 10, the compensation works out to Rs.1,80,000/-. The claimants are further entitied to receive Rs.5,000/- towards funeral expenses; and Rs.5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.1,90,000/- as compensation for the death of their son Kalyan Singh in the motor accident. 14) The claimants are awarded further sum of Rs.1,000/- as quantified amount of interest on the enhanced amount of compensation of Rs.10,000/-. 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.1,80,000/- awarded by the Tribunal is enhanced to Rs.1,90,000/- with further quantified amount of interest of Rs.1,000/- on the enhanced amount of compensation of Rs.10,000/-. 16) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- (Rs.10,000/- towards enhanced amount of "^. J:^. 1 6 compensation + Rs.1,000/- towards quantified amount of interest on the enhancedamount of compensation of Rs.10,000/-) before the concerning Claims Tribunal. 17) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge subbu