HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (C) No. 330 of 2010 Appellants Ctaimants 1 1 Smt Bharti Sahu, age about 23 years, w/o late Shri Dharmu Sahu, occupation - Housewife 2 Ku Taruna Sahu, age about 07 years, d/o late Shri Dharmu Sahu 3 Piyush Kumar Sahu, age about 05 years, s/o late Shri Dharmu Sahu, 4 Prince Kumar Sahu, age about 1 and % years, s/o late Shri Dharmu Sahu, Appellants No.2 to 4 are minors fhrough natural guardian mother Smt Bharti Sahu, w/o late Shri Dharmu Sahu 5 Sukhram Sahu, age about 55 years, s/o late Kolhuram Sahu 6 Smt Sitabai Sahu, age about 50 years, w/o Shri Sukhram Sahu All of them are residents of vitl - Pathri (Lalbahadur Nagar) Post Chochola, District - Rajnandgaon (CG) Respondents Non-applicants VERSUS Dharampreet Singh age about 33 years, s/o Bhagwan Singh Cheema r/o House No.478, ward No.40, Leprosy Hospital Road, Basantpur, Rajnandgaon (CG) The National Insurance Co Ltd., through - Branch Manager, Branch Office Kamthi Line Rajnandgaon (CG) ^^^^\ ^- ^-^:% ^' .1, I \. 1to^ MACNo.330 of 2010 c' Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Devarshi Thakur, counsel on behalf of Shri Rakesh Thakur, counsei for the appellants. Shri Goutam Khetrapal and Shri Rakesh Sahu, counsel for respondent No.2. ORDER sth (05mSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeat for enhancement of the compensation awarded by the First Additionai Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 28.08.2009, passed in Claim Case No.142/2008. 2) As against the compensation of Rs.33,21,000/-, claimed by the appellants/claimants, unfortunate widow, minor chitdren and parents ofdeceased Dharmu Singh by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 16.08.2008, the Tribunal awarded a total sum of Rs.4,25,552/- 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 deceased Dharmu Sahu died on account of the injuries sustained by him in the motor accident on 16.08.2008; the accident occurred due to rash and negtigent driving ofthedriver of ^i^^ i MACNo.330 of 2010 ^ € the offending vehicle Truck bearing registration No. CG-08-B/2286; as the abpve offending vehicle Truck on the date ofthe 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 compensationto 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. 5) The 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 13, the compensation was worked out to Rs.4,16,052/-. By awarding further sum of Rs.9,500/- under other heads, the Tribunal awarded a total sum of Rs.4,25,552/-, as compensation to the claimants for the death of deceased Dharmu Sahu in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.4,25,552/- @ 6% per annum from the date of filing of the claim petition till the date of actual payitient. 6) Shri Devarshi Thakur, learned counsel for the appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs.4,000/- per month only; in deducting 1/3rd ofthe income of the deceased towards his personal expenses; in ,^M^^^ ^-c\ (IsSS^] \>-y '•!^>»-,.^^'K'S^>" EVIACNo.330 of 2010 @) (L selecting the lower multiplier of 13; and in awarding low compensation of Rs.4,25,552/- only. 7) Shri Goutam Khetrapal and Shri Rakesh Sahu, learned counsel for respondent No.2, the National tnsurance Company Limited, the insurer of the offending vehicle Truck on the other hand supported the award and contended that the compensation of Rs.4,25,552/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) True, the claimants pleaded that deceased Dharmu Sahu used to earn Rs.10,000/- per month as Electrician, no cogent and reliable evidence was led before th6 Tribunal for establishing the income of the deceased to the extent of Rs.10,000/- per month. In fact, claimants' witness AW/4 Paresh Kumar categorically stated that the deceased was getting salary of Rs.3,800/- per month by working in a private factory at Maharajpur. It is true, that he further stated that further amount of Rs.1,800/- per month was being paid to the deceased as overtime. In our opinion, this amount ofwages for overtime was not of regular nature and as such, cannot be taken into consideration for assessment of the income for the purposes of computation of compensation in the case. We, therefore, do not find any infirmity in the assessment ofthe income ofthe deceased by the Tribunal at Rs.4,000/- per month. 9) The claimants' dependency also has been rightty assessed by the Tribunal by deducting the usual 1/3rd of the income of the deceased towards his personal expenses. ^^'^ ..^^•, •-€&^ J? j'-' ..^" •^^' MACNo.330 of 2010 •l 10) Nevertheless, the multiplier of 13 selected by the Tribunal is certainly on the lower side and requires reconsideration. 11) Considering the age of the deceased and the claimants, we are of the opinion that multiplier of 15 would be appropriate in the present case. 12) By multiplying the annual dependency of Rs.32,004/- with the multiplier of 15, the compensation works out to Rs.4,80,060/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards loss of consortium to the widow; and Rs.5,000/- for loss of estate. The claimants, thus, become entitted to receive a totat sum of Rs.4,95,060/- as compensation for the death of deceased Dharmu Sahu in the motor accident. 13) 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 areentitled 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 its^lf. 14) Considering alt the retevant aspects of the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.69,508/- at Rs.7,492/-. 15) For the foregoing reasons, the appeal filed by the appetlants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs.4,25,552/- awarded by the Tribunal is enhanced to Rs.4,95,060/- with further quantified amount of interest of Rs.7,492/- on the enhanced amount of compensation of Rs.69,508/-. ff':^ ^s MACNo.330 of 2010 (^ padma 16) Respondent No.2 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.77,000/- (Rs.69,508/- towards enhanced amount of compensation + Rs.7,492/- towards quantified amount of interest on the enhanced amount of compensation of Rs.69,508/-) before the conceming Claims Tribunal. 17) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge 1.. f^