0 R D E R (23” August, 2010) ‘ The follawing order of the Coutt was passed by Rajeev Gupta, C.J.‘ This is claimants’ appeal for enhancement of the g compensation awarded by the Second Additionat Motor Accident gtgims Tribunal, Mahésamund (for: short ‘the Tribunat’) vide award dated 26.04.2004, passed in Claim Case No.1 1 1/2003. 2)‘ a As against the compensation of Rs.23,50,000/- claimed by the appellants/claimants, unfortunate widow, parents and daughter of deceased Suraj Bhan by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor aCoident on 23.12.2002, the Tribunal awarded a‘totat sum of Rs.1.,65,400/- as compensation along with interest @ 9% per annum from the date of hling of the claim petition till the date of actual payment. 3) V The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Suraj Bhan died on account of the - injuries sustained by him in the motor accident on 23.12.2002; the accident occurred due to rash and negligent driving of the driver of thee offending yehicle Bus bearing registration No. C.G.13/ZA-162; as‘the offending vehicle Bus on thedate of the accident was insured with the New lndia insurance Company Limited, the insurance Company was liable to pay compensation to the claimants. a 4) As the respondents have not filed any appea! against the award, the above findings recorded by the Tribunal héve now t attained finality. 5) The Tribunal assessed the income of the deceased at ' Rs.1 ,DOOI- per month. By deducting Rs.350/- per month towards ‘the personai expenses of the deceased, the olaimants’ dependency was assessed at Rs.650/- per month and Rs.7,800/- - 'per annum. By multiplying the annual dependency of Rs.7,8m[-‘ with the multiplier of 18, the compensation was worked out to l Rs.1,40,400/-. By awarding further sum of Rs.25,000/- 'u’nder other heads, the Tribunal awarded a total sum of Rs.\1,65,400:’- as compensation to the ciaimants for thedeath of deceased Suraj Bhan in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,65,400/— @ 9% per annum from the date of tiling of the t claim petition till the date of actual payment. 6) Shri Pawan Kesharwani, learned counsel for the a 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.1,000/—’ per month only; and in awarding low compensation of Rs,1 ,65,400/- only. 7) Shri Deepak Gupta, teamed counsel for respondent No.3 the New India insurance Company Limited, on the other hand, supported the award and contended that aslthe claimants could not establish the income of the deceased as pleaded by them the compensation of Rs.1,65,400l- awarded by the Tribunai is just en and f e and proper compsation in the facts circumstances. o th present case. ) rue, the claimants pieaded that deceased Sura Bha 8 T j n f y o used to earn Rs.150-200l‘ per day from his ccle repair shp and Y d btf as a member of the band party, the evidence te in that eha was not of clinching natijre. We, therefore, do not find an fault in the aproach o the Tribunal in discaring the claimants’ evidence. p f d abo‘ut the income of the eceased. d 9) » Nevertheless, the income of the deceased assessed by the Tribunal at Rs.1 ,OOOI- per month in the year 2002 is certainly on th lower side and requires reconsideration. e 10) Considering that deceased Sura Bhan was aged about j 26 yeas, we are of the opinion that he could have easily arned r e Rs‘70-751- per day even working as an unskilled labour. We, ' therefore, propose to recompute the compensation takin the g income of the deceased at Rs.2,000f' per month and Rs.24,DOO/- a per annum. 11) By deducting the usual 11’3“ of Rs.24,000/7 towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/- per annum. 12) Considering the age of the deceased, his widow and their child, we are of the opinion that multiplier of 17 would be appropriate in the present case. 7 e... y wwwi‘ L¥‘VWV.MM r W, ,, , ‘13) Byv multipiying the annual dependency of Rs.16,000/- with the multiplier of 17, the compensation works out to Rs.2,72,000/-. The claimants are further entitled to receive Rs.10,000/- under other permissible heads. The claimants, thus, becomerentitled to receive a total sum of Rs.2,82,000/- as compensation for the 3death of deceased Suraj Bhan in the motor accident. 4‘45 Leamed counsel for the parties submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants'are entitled 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 itself. 15) Considering all the relevant aspects of the matter including, the delay in disposal of the claim petition and the present appeal and the fact that the insurance Company alone is not to be ‘ blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of - compensation of Rs.1 ,1 6,6OOI- at Rs.1 3,400/—. 16) For the foregoing reasons, the appeal filed by the appellantslclaimants for enhancement of the compensation is allowed in part. The compensation of Rs.1 ,65,400/- awarded by ‘the Tribunal is enhancw to Rs.2,82,000/- with further quantified amount of interest of Rs.13,400/— on the enhanced amount ef compensation of Rs.1 ,16,600/-. 17) Respondent No.3 The New lndia Insurance Company Limited is granted three months’ time for depositing the totaiisum of Rs.1,30,000/- (Rs.1,16,600/- towards enhanced emount of compensation + Rs.13,400/- towards quantified amount of interest on the enhanced amount of compensation 'of Rs.1 ,1 6,600/-) before the concerning Claims Tribunal. 18)“ x No order as to costs: 7///Sa7///// ¥ V W i Sdl' : K Chief Justice§ ‘l i Y 7