i &-.^"'.^ t< '€I':^-^..>L^-.._'.^ r, 1 --^^' ^ ^; K.^'^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (C) No.112 of 2010 ^ Appellants Claimants ^ ^^ 1 Smt Sarita Sahu, w/o Late Doman Ram Sahu, Aged about 24 years 2 Chandrasen Sahu, s/o Late Doman Ram Sahu, Aged about 5 years 3 Ku Neha Sahu, d/o Late Doman Ram Sahu, Aged about 3 years 4 Takeshwar Kumar Sahu, s/o Late Doman Ram Sahu, Aged about 6 months Appellant 2 to 4 areminor and through natural guardian mother Smt Sarita Sahu, w/o Late DomanRam Sahu 5 Khorbehara Ram Sahu, s/o Late Aghnu Ram Sahu, aged about 49 years 6 Smt Teejan Sahu, w/o Khorbehara Ram Sahu, aged about 48years All are r/o village Devri (D) (Parridevri), Post Office - Khursuni, PS Arjunda, Tahsil - Gunderdehi, Distt Durg (CG) VERSUS Respondents Non - claimants Mohd Suleman, s/o Mohd Lukman, r/o Near Hathijobda School, Dahigoda, Ghatshila, PS Ghatshila, Distt Purvisihmum (Jharkhand) Tata Motors Ltd., Jamshedpur, through Manager Tata Motors Ltd., Post Office - Jamshedpur PS & Distt Jamshedpur (Jharkhand)Pin-831010 .^^^^ ..^...&. //^^ 8 ^^•^•^. ^i^^--:"-.:\ ^ u The Manager, Highway India (P)Ltd, Plot No.EL 215, Mahavenvi Mumbai, Distt Mumbai (MS) 400 701 The New India Insurance Company Ltd., Jamshedpur (Jharkhand) through Divl Manager, the New India Insurance Co Ltd., Parak Building, Station Road, Durg, Distt Durg (CG) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri AP Sharma, counsel for the appellants. Shri BL Sahu, counsel for respondent No.3. Shri Shreekumar Agrawal, Senior Counsel with Shri Anand Gupta, counset for respondent No.4. ORDER (25th July, 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 9th Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 14.10.2009, passed in Claim Case No.38/2009. 2) As against the compensation of Rs.38,34,000/-, claimed by the appellants/blaimants, unfortunate widow, children and parents of deceased Doman Ram Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 21.07.2008, the Tribunal awarded a total sum of Rs.5,00,500/- as compensation along with interest @ 6% per cr annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Doman Ram Sahu died on account of the injuries sustained by him in the motor acddent on 21.07.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tata-Truck bearing registration No.JH-05 A-9195-U/08; as the above offending vehicle Tata-Truck on the date of the accident was insured with the New India Insurance Company Limited under a transit policy and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liabte to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above finding recorded by the Tribunai has now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.150/- per day; Rs.4,500/- per month and Rs.54,000/- per annum. By deducting 1/3l'd of Rs.54,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.36,000/- per annum. By multiplying the annual « dependency of Rs.36,000/- with the multiplier of 13, the compensation works out to Rs.4,68,000/-. By awarding further sum of Rs.32,500/- under other heads, the Tribunal awarded a total sum of Rs.5,00,500/- as compensation to the claimants for the death of deceased Doman Ram Sahu in the motor accident. The ^TSy'^ --..^-'->\. T) Tribunal further directed payment of jnterest on the above amount of compensation of Rs.5,00,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri AP Sharma, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs.54,000/- per annum and the claimants' dependency at Rs.36,000/- per annum, multiplier of 13selected by the Tribunal is on the lower side. 7) Shri Shreekumar Agrawal, learned Senior Counsel with Shri Anand Gupta, learnedcounsel for respondent No.4 the New India Insurance Company Limited, the insurer of the offending vehicle Tata- Truck on the other hand, contended that thecompensation of Rs.5,00,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) Shri BL Sahu, learned counsel for respondent No.3 also supported the award. 9) Though learned counsel for the appellants has not challenged the assessment of the income of the deceased by the Tribunal at Rs.54,000/- per annum and the claimants' dependency at Rs.36,000/- per annum, we have still examined the Tribunal's records for our satisfaction and we have satisfied that the assessment of the income of the deceased and the claimants' dependency by the Tribunal do not suffer from any infirmity whatsoever. 10) Nevertheless. the multiplier of 13 selected by the Tribunal is certainly on the lower side and requires re-consideration. 11) Considering that deceased Doman Ram Sahu was aged about 29 years and the age of the claimants, we are of the opinion that multiplier of16 would be appropriate in the present case. 12) By multiplying the annual dependency of Rs.36,000/- with the multiplier of 16, the compensation works out to Rs.5,76,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards for loss of estate; and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.5,91,000/- as compensation for the death of deceased Doman Ram Sahu in the motor accident. 13) 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 quantified in this appeal itself. 14) Considering atl 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.90,500/- at Rs.10,500/-. 15) For the foregoing reasons, the appeal filed by the appellants/daimants for enhancement of the compensation is allowed in part. The compensation of Rs.5,00.500/- awarded by the Tribunal is enhanced to Rs.5,91,000/- with further quantified 6 D subbu amount of interest of Rs.10,500/- on the enhanced amount of compensation of Rs.90,500/-. 16) Respondent No.4 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,01.000/- (Rs.90,500/- towards enhanced amount of compensation + Rs.10,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.90,500/-) before the concerning Claims Tribunal. 17) No order as to costs. Sd/- Chief Justice S(V- R.N. Chandrakar Judge r