HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHR1 RANGNATH CHANDRAKAR, J. hflisc. Appeal (0 No. 625 of 2008. Appellants Claimants Smt. Madhuri Maravi W/o Late Shri Khemlal Maravi, aged about 32 years Smt. Pushpa Devi Maravi, W/o Late Shri Manthir Prasad Maravi, aged about 60 years Ku. Pritibala Maravi, d/o late Shri Khemlal Maravi, aged about 16 years. Atu! Kumar 'Maravi, s/o late Shri Khemlal Maravi, aged about 14 years. Pratik Maravi,s/o late Shri Khemlal Maravi, aged about 12 years (Appellant No.3 to 5 being minor on behalf of through their legal guardian mother the appellant No.1 Smt. Madhuri Maravi) All caste Adivasi, all R/o village Barihapali, police station Basna, present r/o Mahalpara, Saraipali, Clubpara, Mahasamund, Tehsil and District Mahasamund C.G. VERSUS r-T Respondents Non-claimants Ramji Rai s/o Shri Bachan Rai, caste Ahir aged about 39 years, r/o Baliyaghata, Babubagan, main road Calcutta, post office Baliyaghata, district Calcutta No. 15 (West Bengal) r ^"^'Vs, S £ ..•ffSf.'s, •x t 1 %l& -^ 'te'c 2 Pradeep Kumar Singh s/o Shri Krishna Kumar Singh, r/o 44, Ke Masjid Bari Street, Calcutta, 700006, district Calcutta (West Bengal) 3. Branch Manager, The Oriental Insurance Company Limited, Bairakpur, Calcutta, (West Bengal), through Divisional Manager, the Oriental Insurance Company Limited, Divisional Office, Madina Building, Jail Road, Raipur, Tehsil and district Raipur C.G. Au>eaLuiiderSectionJJ;Lof the Motor Vehicle Act. 1988 Present: Shri Shivendu Pandya, counsel for the appellants. Shri Shailendra Sharma, counsel for respondent No.3. 7'-^- y"- ^ ORDER (05th July, 2011) The following order of the Court was passed by Rajeev Gupta,C.J. This is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short, 'the Tribunal') vide award dated 08.03.2007, passed in Claim Case No. 60/2006. 2) As against the compensation of Rs.50,95,944/- claimed by the appellants/ claimants, unfortunate widow minor children and mother of deceased Khemlal Maravi, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 24.05.2006, the Tribunal awarded a total sum of Rs.7,00,672/- as compensation to the claimants along with S • i!s: . -...•^"CT ^ 'v-:-^.^ 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 the insurer of the offending vehicle Truck bearing registration No.WB-03/0524 liable to pay compensation to the claimants. The Tribunal assessed the income of the deceased at Rs.7,256/- per month. By deducting 1/3fd of Rs.7,256/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.4,838/- per month and Rs.58,056/- per annum. By multiplying the annual dependency of Rs.58,056/- with the mulfiplier of 12, the compensation was worked out to Rs.6,96,672/-. By awarding further sum of Rs.2,000/- towards funeral expenses and Rs.2,000/- towards loss of consortium to the widow, the Tribunal awarded a total sum of Rs.7,00,672/- as compensation to the claimants for the death of deceased Khemlal Maravi in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.7,00,672/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri Shivendu Pandya, learned counsel for the appellants vehemently argued that the Tribunal has erred in assessing the income of the deceased at Rs.7,256/- per month only; in deducting 1/3 of the income of the deceased towards his personal expenses; in selecting the lower multiplier of 12; and in awarding low compensation of Rs.7,00,672/- only. ^^.- -^ 4 5) Shri Shailendra Sharma, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, placing reliance on the dictum of the Apex Court in the case of Bhakra Beas Management Board Vs. Smt. Kanta Aggarwal & Ors. reported in 2008 AIR SCW 5256, contended that the Tribunal has erred in awarding excessive sum of Rs.7,00,672/- to the claimants, inspite of the fact that the son of the deceased was granted compassionate appointment on account of the death of deceased Khemlal Maravi in the motor accident. 6) In a motor accident claim case what is important is that the compensation to be awarded by the Couriis/Tribunal should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation nor a bonanza. 7) Now, we shall examine as to whether the compensation of Rs.7,00,6727- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) Deceased Khemlal Maravi was aged about 35 - 36 years on the date of the accident. He was working as Constable in the Potice Force. The claimants' witness AW-3 Vikas Masih has categorically stated in para 5 of his statement before the Tribunal that after the death of Khemlal Maravi, his son has been granted compassionate appointment in the department. 9), . The Apex Court while considering the effect of grant of compassionate appointment to family member of the deceased in f- the case of "Bhakra Beas Management Board Vs. Smt. Kanta Aggarwal & Ors." (supra) observed in paras 12 and 13 : "12. But we find that the High Court lost sight of the fact that the benefits which the claimant receives on account of the death or injury have to be duly considered while fixing the compensation. It is pointed out that respondent No.1 was getting Rs.4,700/- p.m. and a residence has been provided to her and actually the compassionate appointment was given immediately after the accident. 13. In view ofwhat has been stated above, the High Court's judgment is clearly unsustainable. However, the accident took place more than 14 years back and it would not be desirable to send the matter back to the Tribunal for fresh consideration. A sum of rupees five lakhs has been deposited vide this Court's order dated 1.11.2004. We are of the considered view that in view of the background facts, it is just and proper that the sum of Rupees five lakhs already deposited shall be permitted to be withdrawn by the claimants in full and final settlement of the claim relatable to the death of the deceased. It is for the Tribunal to fix the quantum of fixed deposit and the amount to be released to the claimants." 10) The compensation of Rs.7,00,672/- awarded by the Tribunal when examined in the context of the above quoted dictum of the Apex Court in the case of Bhakra Beas Management Board Vs. Smt. Kanta Aggarwal & Ors. (supra), and the fact that the son of the deceased has been granted compassionate appointment by the Police Department, we are subbu satisfied, is just and proper compensation in the facts and circumstances of the present case and does not call for any enhancement in this appeal. 11) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellants/ claimants for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 12) No order as to costs. —— Sd/- Chief Justice Sd/- R.N. Chandrakar Judge \: '\ <