HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLESHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants Respondents Driver Owner ^x Misc. Appeal (0 No. 139 of 2008 1. Fohdu Ram, S/o Late Shri Karu, aged 45 years, by cast Gond 2. Smt Budhari Bai, W/o Shri Fohduram, aged about 40 years, by Cast - Gond, both residents of village - Sambalpur, Kondagaon, Distt Bastar (CG) VERSUS 1 Narsingh, S/o Late Shri Ghasiram By Caste - Raout, Residnet of Village - Kanhargaon, Thana - Bhanu Pratappur, DisttKanker (CG) 2 Dharmendra Chopda, Son of Shri Pukharaj Chopda, Resident of Village Sambalpur, Thana Bhanupratappur, Distt Kanker (CG) 3 The New Indialnsurance Company Limited, Near Ghankar Cinama Jagdalpur Dist Jagdalpur (CG) Memo of appeal under Section 173 of the Motor Vehicles Act. Present: Shri R.S. Patel, counsel for the appellants. Shrj Shree Kumar Agrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.3. ORDER (3rd May, 2011) The, follpwing order of the Court was passed by 'l. RajeevGupta; C.J. Y l^^v/^: -». ^x The unfortunate parents of deceased Ku. Tilak Bai are the appellants before us in this appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Kondagaon, Bastar (for short 'the Tribunal') vide award dated 31.08.2007, passed in Claim Case No.88/2007. 2) As against the compensation of Rs.5,60,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Ku. Tilak Bai, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 10.01.2005, the Tribunal awarded a total sum of Rs.1,10,800/- as compensation along with interest @ 6% per 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 the claimants' daughter Ku. Tilak Bai died on account of the injuries sustained by her in the motor accident on 10.01.2005; the accidentoccurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G-04-ZC/6422; as the above offending vehicle Truck on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could notestablish any breach of the policyconditions, the Insurance Company was liable to pay compensation to the claimants. ' 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. r L' -»••! 5) The Tribunal assessed the annual ineome of the deceased at Rs.9,600/-. By deducting 1/3rd of Rs.9,600/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.6,400/- per annum. By multiplying the annual dependency of Rs.6,400/- with the multiplier of 17, the compensation was worked out to Rs.1,08,800/-. By awarding further sum of Rs.2,000/- towards funeral expenses, the Tribunal awarded a total sum of Rs.1,10,800/- as compensation to the claimants for the death of their daughter Ku. Tilak Bai in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,10,800/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri R.S. Patel, learned counsel for the appellants submitted that the Tribunal has erred in awarding low compensation of Rs.1,10,800/-only. 7) Shri Shree Kumar Agrawal, learned Senior Counsel with Shri Anand Gupta, learned counsel for respondent No.3, the New India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.1,10,800/- awarded by the Tribunal isjustand 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 tp be awarded by the Courts/Tribunals should be just and propercompensation-in the facts and circumstances of the .V- >\'.. '- .^--: //"^^ % ~~ ^^•'t-Vs.r'iiS^' 4 case. It should neither be a meager amount of compensation, nor a Bonanza. 9) Nowwe shall examine as to whether the compensation of Rs.1,10,800/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Deceased Ku. Tilak Bai was aged about 20 years on the date of the accident. The claimants are her parents aged about 45 years and 40 years. The unfortunate accident wherein the claimants' daughter lost her life took place in the year 2005. The claimants pleadedthat their daughter Ku. Tilak Bai used to earn Rs.100/- per day; Rs.3,000/- per month;and Rs.36,000/- per annum as labour. The Tribunal has certainly erred in awarding low sum of Rs.2,000/- only towards funeral expenses and in not awarding any sum towards loss of estate. 11) The compensation of Rs.1,10,800/- awarded by the Tribunal when examined in the context of the above-mentioned broad features ofthe case, in our opinion, is certainly on thelower side and deserves to be enhanced suitably. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs. 1,10,8007- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the presentcase. ^^-^ s<-. 'a&^ ':"'"'-.;;;'s'^^^ ".ai^8ji <* rj ^'s^^^ i!l : - ' 13) For the foregoing reasons, the appealfiled by the appellants/ claimants for enhancement of the compensation is allowed in part. The claimants are awarded further sum of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation in addition tothesum ofRs.1,10,800/-awarded by the Tribunal. 14) Respondent No.3 the New Indialnsurance Company Limited is granted three months' time for depositing the total sum of Rs.25,000/- before the concerning Claims Tribunal. 15) No order as to costs. Sd/- N-KAgarwal sd/- Judge Chief Justice subbu 61 f; 'iS ^x .''I *>°..