Ciaimants Non-Ciaimants 1 Sunita Gupta, Wife of Late Shri Shyam iihari, aged about 32 years, Occupation House Wife 2 Swati Gupta, D/o Late Shri Shyam Sihari Gupta, aged about 1 2 years 3 Visha! Kumar Gupta, son of Late Shri Shyam Bihari Gupta, aged about 08 years The appellant No.2 and 3 are minors, through their natural guardian mother Sunita Gupta, appeliant No.1. 4 Sadhuram, son of late Shri Bhagwan Prasad Gupta, aged about 85 years 5 Meena Kumari Gupta, wife of Shri Sadhuram Gupta, aged about 80 years Ail are residents of Village Manpur, Ward No.10, Nagar Panchayat Surajpur, ,PoIice Statin and Tahsil Surajpur, District Surguja (CG) Masidul Hasan, Son of Jameen Hasan, aged about 22 years, Occupation Driver, Resident of Vlllage Parshurampur, Police Station Ramanujnagar, Tahsil Surajpur, District Surguja (CG) (Driver) Deepnarayan Singh, son of Shri Aditya Narayan Singh, aged about 34 years, Occupation Agriculture, resident of Village Parshurampur, Poiice Station f 2 Ramanujnagar, Tahsii Surajpur, District Surguja (CG) (owner) United India Insurance Company Limited, through the Branch Manager, Brnch Office near Ram Mandir Ambikapur, District Surguja (CG) ^" J- Present : Shri Ashok Kumar Shukia and Shri Atanu Ghosh, counsei for ttie appellants. None for respondents No.1 and 2 though served. Shri Dasarath Gupta, counsel for r^spondent No.3. ith The following order of the Court was passed hy C.J. This is claimants' appeal for enhancement of the compensation awarded by the 2nd Additional Motor Accident Claims Tribunal, Surajpur, district Surguja (for short 'the Tribunai') videaward dated 19,02.2007, passed in Ciaim Case No.63/2006. 2) As against the compensation of Rs.20,00,000/-, claimed by the appellants/claimants, unfortunate \yidow, minor children and parents of deceased Shyam Bihari by fjling aclaim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 23.11.2004, the Tribunai awarded a total sum of Rs.3,30,000/- as compensafion to the claimants along with interest 9% per annum from the dateofthe filing of theGlaim petition till the date ofactual payment. 4 •r^: 3) The Tribunal on a ciose scrutiny of the entire evidence ied before it held that deceased Shyam Bihari died ori account of the injuries sustained by him in the motor accident on 23.1 1.2004; the acciderit occurred due to rash and negligent driving ofthe driver of the offending vehicle tractor/troliey bearing registration NO.CG-15A/0348 and CG-15A/0349; as the above offending vehicle tractor/trolley on the date ofthe accident was insured with the United !ndia Insurance Gompany Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay the compensatlon 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 finatity. 5) The Tribunal assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3 of Rs.36,000/- towards the personai expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multipiier of 12, the compensation was worked out to Rs.2,88,000/-. By awarding further sum of Rs.42,000./- under other heads, the Tribunal awarded a total sum of Rs.3,30,000/- as compensation to the ciaimants for the daath of deceased Shyam Bihari in the motor aceident. The Tribunai further directed payment of interest on the above amount of compensation of Rs.3,30,000/- VSK !i:IUi;^il i!ffllJ!l:iil BBII 9% per annum from the date offilingof the claim petition till the date of actual payment. 6) Shri Ashok Kumar Shukla and Shri Atanu Ghosh,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.3,000/- per month and Rs.36,000/- per annum only; in selecting the lower multiplier of 12; and in awarding lowcompensation of Rs.3,30,000/- only. 7) Shri Dasarath Gupta, learned counsel for respondent No.3 the United India Insyrance Company Limited, ori the other hand supported the award and contended that the compensation of Rs.3,30,000/- awarded by the Tribunat is just and proper compensation in the facts and circumstances of the present case. 8) True, the claimants pleaded that deceased Shyam Bihari used to earn Rs.10,000/- per month as conductor in the bus, no reliable and cogent evidence was led before the Tribunal to establish the above occupation ofthe deceased and his income to the extent of Rs.10,000/- per month.- The claimants even did not examine the employer of the deceased before the Trlbunal. In this state of evidence, we do not find any fault in the approach of the Tribuna! in discarding the claimants' evidence about the income of the deceased and in assessing his income on itsown estimate at Rs.3,000/- per month and Rs.36,000/- per annum. 9) The claimants' dependency also has been- rightly assessed by the Tribunal at Rs.24,000/- per annum by deducting the usual <"at^ "^. Illij";-"1':l: '*, >rd 1/3rn of the income of the deceased towards his personal ^ ^ 10) Nevertheless, the multiplier of 12 selected by the Tribunal is certainty on the lower side and requires reconsideration. 11) Considering the age of the deceased, his widow and children, we are of the opinion that multipiier of 15 would be appropriate in the present case. 12) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 15, the compensation works out to Rs.3,60,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- 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.3,75,000/- as compensation for the death ofdeceased Shyam Bihari in the motor accident. 13) The claimants are fyrther awarded a sum of Rs.6,000/- towards quantified amount of interest on the enhanced amount of the compensation of Rs.45,000/-. 14) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.3,30,000/- awarded by the Tribunal is enhanced to Rs.3,75,000/- with further quantified amount of interest of Rs.6,000/- on the enhanced amount of compensation of Rs.45,000/-. 15) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the tofal sum .of Rs.51,000/'- (Rs.45,000/- towards enhanced amount of la liltiil IIBI18 6 Gompensation + Rs.6,000/- towards quantified amount of interest on the enhanced- amount of compensation of Rs.45,000/-) before the concerning Claims Tribunal. 16) No order as to costs, Sd/- ChiefJustice padma Sd/- Prashant Kumar Mishra Judge W