\ ^ HIGHCOURT OFCHHATTISGARH ATBILASPUR D1VISJONBENCH CORAM: HON'BLESHRIRAJEEVGUPTA,C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellants Claimants ^ Resoondents Misc Appeal (ClNo. 271 of 2008 1 Itwara Bai, W/o Lachharam, aged about 25 years 2 Ramkunwar, W/o Budgaram Satnami, aged70years Both are R/o Vill - Gagori, Thana & Tah Bilaigarh, Distt Raipru (CG) VERSUS 1. Mohd Habib, S/o Mukhtak Ahmed, aged about 27 years, R/o Tarbahar, Khudiram Bose Ghowk, Bilaspur, Distt Bilaspur(CG) ....Driver 2 Luis Franicis, S/o Hedry Francis, aged about 33 years, R/o Wireless Colony, Near Bharatmata School, Bilaspur, Distt -Bilaspur (CG) ....Owner 3 National Insurance Co. Ltd., Branch Office - 1st Floor, Thana Complex, Ring Road No.2, Priyadarshini Bazar, Bilaspur, Distt- Bilaspur (CG) ... Insurance Company Miscellaneous Appeal under Section 173 of Motor VehidesAct Present : Shri SK Guha, counsel for the appellants Shri Q Aziz, counsel for respondent No.3. ORDER (27th June, 2011) ^ This is claimants' appea! for enhancement of the compensation awarded by the First Additiona! Motor Accident Ciaims Tribunat, Baloda Bazar, district Raipur (for short 'the Tribunal') vide award dated 30.11.2007, passed in Ciaim Case No.220/2006. 2) As against the compensation of Rs.14,26,000/-, ciaimed by the appellants/claimants, unfortunate widow and mother of deceased Lachharam, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 17.07.2006, the Tribunat awarded a total sum of Rs.2,78,300/- as comperisation along with interest @ 7% per annum from the date of fiting ofthe claim petition till the date of actual payment. 3) Shri SK Guha, learned counsel for the appellants submitted that the Tribunal has erred in awarding only Rs.9,500/- under other heads and in awarding low compensation of Rs.2,78,300/- only. 4) Shri Q Aziz, learned counsel for respondent No.3 the National Insurance Company Limited, insurer of the offending vehicle three wheeler Auto Delivery Van, on the other hand supported the award and contended that the compensation of Rs.2,78,300/- awarded by the Tribunal is just and proper compensation jn the facts and circumstances ofthe present case. 5) On due consideration of the submissions of learned counsel for the parties and the evidence available on record, we are satisfied that the Tribunal has rightly held the jnsurer of the ^" ^ offending vehicie three wheeier Auto Delivery Van liable to pay compensation to the ctaimants. 6) We are also satisfied that the income of the deceased has been rightly assessed by the Tribunal at Rs.2,000/- per month and Rs.24,000/- per annum. The claimants' dependency also has been rightly assessed by the TribunSI at Rs.1,400/- per month and Rs.16,800/- per annum by deductjng about 1/3rd of the income of the deceased towards his personal expenses. 7) The multiplier of 16 selected by the Tribunal also cannot be found fault with considering that deceased Lachharam was shown to be 35 years of age in his postmortem report. 8) Nevertheless, the Tribynal has certainty erred in awarding only Rs.2,000/- towards funeral expenses and Rs.2,500/- for loss of estate. 9) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.10,000/- inelusive of interest component on the enhanced amount of compensation would make the compensation of Rs.2,78,300/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 10) The appeal filed by the appellants/claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded furthersum of Rs.10,000/- indusive of interest component in addition to the sum of Rs.2,78,300/- awarded bytheTribunal. p ^A"^ ^:^fi'l- • ' ^ ^-ri.,'^^-y -^lpadma 4 ^Ci 11) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before the concerning Claims Tribunal. 12) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge 1 \.^.