^ HtGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH HON'BLE SHRI RAJEEVGUPTA, C.J. HON'BLE SHRi SUNIL KUMAR SINHA, J. Applicant 1 Sukwaro Bai, aged about 42 years, Wd/o Rathram 2 Gaurilal, aged about 22 years, son of Rathram Both r/o Village Balgi, Q No. MQB-16, Near Dashhara Ground, Tahsil Katghora, Distt Korba (CG) Presently residing at Village Chappra- Kendra OP Beigahana Distt Biiaspur (CG) 3 Materiat Manager, NTPC Ltd., Batel Captive Power Project, PO Pragati Nagar, Korba (CG) (Registered Owner of Mahindra Jeep No.CG-12/ZD-4237) Pradeep Singh, S/o R Singh, through Material Manager, NTPC Ltd., Balco Captive Power Project, PO Pragati Nagar, Korba (CG) (Driver of Mahindra JeepNo.CG-12^0-4237) Divisional Manager, United India Insurance Co Ltd., Korba, Through Branch Manager, United India Insurance Co. Ltd., Rajendra Nagar Chowk, Bitaspur (CG) iscellaneous Appeal uhder Section 173 of Motor Vehicies Act Present : Shri Ravindra Agrawal, counsel for the appellants. Shri Abhishek Sinha, counsei for respondent No.1. ^s:--&^ Shri HB Agrawal, Senior Counsel with Ms Sarina Khan, counsei for respondent No.3. ind The fotlowing order of the Court was passed by Rajeev Gupta, C.J. This is ciaimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award .dated 04.10.2004, passed in Ctaim Case No.124/2003. 2) As against the compensation of Rs.24,84,900/-, claimed by the appellants/ciaimants, unfortunate widow and major son of deceased Rathram by filing a c!aim petition under Section 166 of the Motor Vehtcles Act, for his death on 28.10.2003 on account of the injuries sustained by him in the motor accident on 27.10.2003, the Tribunal awarded a total sum of Rs.6,38,800/- as compensation to the claimants along with interest @ 6% per annum from the date of the filing of the claim petition titl the date of actual payment. 3) The Tribuna! on a close scrutiny of the entire evidence led before it held that deceased Rathram died on 28.10.2003 on account of the injuries sustained by him in the motor accident on 27.10.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.CG-12 ZD/4237; as the above offending vehicie Jeep on the date of the accident was insured with the United india Insurance Company Limited, and the Insurance Company cou!d not establish any breach of the poticy conditions, the insurance Company was liable to paythe compensation to the claimants, 4) As the respondents have not filed any appeai against the award, the above findings'recorded by the Tribunai hatfe now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.6,075/- per month. By deducting 1/3rd of Rs.6,075/- towards the personai expenses of the deceased, the ciaimants' dependency was assessed at Rs.4,050/- per month and Rs.48,600/- per annum. By multipiying the annual dependency of Rs.48,600/- with the multiplier of 13, the compensation was worked out to Rs.6,31 ,800/-. Sy awarding further sum of Rs.7,000/- under other heads, the Tribunal awarded a total sum of Rs.6,38,800/- as compensation to the claimants for the death of deceased Rathram in the motor accident. The Tribunai further dsrected payment of interest on the above amount of compensation of Rs.6,38,800/- @ 6% per annum from the date of filing of the claim petition tiii the date of actual 6) Shri Ravindra Agrawal, tearned counse! for the appeiiants submitted that the Tribunal has erred in assessing the compensation on the basis of the net income of the deceased and in awarding low compensation of Rs.6,38,800/- only. 7) Shri HB Agrawai, leamed Senior Counsel with Ms Sarina Khan, tearned counsel for respondent No.3 the United !ndia Insurance Company Limited, on the other hand contended that the .<€ ^& /f'°S! ?' "•^s^ !% c*k Tribunal has been quite liberal in awarding substantial amount of Rs.6,38,800/- as compensation to the claimants. 8) Shri Abhishek Sinha, iearned counsel for respondent No.1, the owner ofthe offending vehicle Jeep aiso supported the award. 9) Deceased Rathram at the reievant time was working in South Eastern Coal Fields Limited, Korba. His satary certificate, Ex.P/5 was produced by the claimants before the Tribunal. The salary certificate, Ex.P/5 reveals that the deceased in the month of June 2003 receivedRs.4,122.72 as .Basic Pay and Rs.2,180/- as Dearness Allowance. The Tribunal, in our opinion ought to have assessed the income of the deceased an the basis of the above amount of Basic Pay and Dearness Allowance, instead of taking the income of the deceased at Rs.6,075/- per month. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.6,300/- per month. 10) By deducting the usual 1 /3rd of Rs.6,300/- per month towards the personal expenses of the deceased, the claimants' dependency is assessedat Rs.4,200/- per month and Rs.50,400/- per annum. 11) The multiplier of 13 selected by the Tribunal considering the age of the deceased and his widow is appropriate. . 12) By multiplying the annual dependency of Rs.50,400/- with the multiplier of 13, the compensation works out to Rs.6,55,200/-. 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 wldow. The claimants, Shus, become entitled to ^Ki ^M^SSS- ,^^!K''"—-' .i^'t^,f?^^ :S'fftf'?yl'<l 1 :^sy j| uk. <^ recelve a total sum of Rs.6,70,200/- as compensation for the death of deceased Rathram in the motor accident. 13) The claimants are further awarded a sum of Rs.3,600/- as quantified amount of interest on the enhanced amount of compensation of Rs.31,400/-. 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.6,38,800/- awarded by the Tribunal is enhanced to Rs.6,70,200/- with further quantified amount of interest of Rs.3,600/- on the enhanced amount of compensation of Rs.31,400/-. 15} Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.35,000/- (Rs.31,400/- towards enhanced amount of compensation + Rs.3,600/- towards quantified amount of interest on the enhanced amount of compensation of Rs.31,400/-) before the concerning Claims Tribunat. 16) No order as to costs. padma Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge ^ S'l-"^1