HIGH COURT OF CHHATTISGARH AT BILASPUR D8V6SION (CSaimants) Respondents CJ. SHR! SUMSL KUIVIAR J. Misc. (Cl No. 1459 of 1 Ramkumar Sen, S/o Jhagar Sen, Aged about 40 years, R/o Jhanda Chowk, New Changorabhata, Thana ~ DD Nagar, Raipur (C.G.). 2 Smt. Geeta Sen, W/o Ramkumar Sen, Aged about 35 years, R/o Jhanda Chowk, New Changorabhata, Tehsii & District Raipur (C.G.). VERSUS Abdui Hanif Khan, S/o Abdul Mahmood Khan, R/oAminpara, Raipur (C.G). Heeradhan Dey, S/o Late Narayanchand Dey, R/o D.N.K. New Market, Maana Campus, Raipur, Tehssl & District Raipur (C.G). Branch Manager, The New india insurance Company Limited, Through Diyisionai Office, Raipur (C.G.). Appea! under Section 173 of the IVIotor VeiilciesAct. Present: Shri Satyendra Sahu, iearned counsel for the appellants. None for respondents No. 1 & 2 though served. Shri Shree Kumar Agrawal, learned Senior CounseS with Shri P. Dutta, iearned counse! for respondent No.3. ORDER ind (22na September, i 6....:.-;;l%g-, '; % '^^^:^tl !:i'; // !:i &-.. ^I^' ^^^:;,-^ The foliowing order of the Court was passed by Rajeev Gupta, CJ. This is daimants' appeal for enhancement of the compensation awarded by the 11th Additional Motor Accidents Ciaims Tribunal, Ralpur (for short 'the Tribunai') vide award dated 22.08.2008, passed in Claim Case No.70/2007. 2. As against the compensation of Rs.22,84,000/- claimed by the appellants/ ciaimants, unfortunate parents of deceased Khilesh Kumar by filing a ciaim petition under Section 166 of the Motor Vehides Act for his death in the motor accident on 30.04.2007, the Tribuna! awarded a total sum of Rs.1,17,000/- as compensation aiong with interest @ 6% per annum from the date of flling of the claim petitiorftill the date of actual payment. 3. Shri Satyendra Sahu, learned counsei for the appeliants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs.2,600/- per month and Rs.31,200/- per annum, the deductlon of 2/3rd of ths Income of the deceased towards persons expenses is on the higher side and the multipiier of 10 selected by the Tribunal is on the iower side. 4. Shri Shree Kumar Agrawal, learned Senior Counsel for respondent No.3 New India Insurance Company Limited, on t'ne other hand, supported the award and contended that as the ciaimants could not establish the income of the deceased as pleaded by them, the compensation of Rs.1,17,000/- awarded by the Tribunal Es just and proper compensation in the facts and circumstances of the present case. r" ^^\ %^~ ^/ 'if:S^:Y,-^> ! '• 5. As the respondents have not filed any appeai against the award, the findings recorded by the Tribunai that deceased Khilesh Kumar died cn account ofthe injuries sustained by him in the motor accident on 30.04.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehide Mini Bus;and as the offending vehicie Mini Bus on the date of the accident was insured with the New india Insurance Company Limited, the Insurance Company was liabie to pay compensation to the claimants have now attained finaiity. That apart, these findings are not under chaiEenge before us in this appeat. We, therefore, affirm the above flndings recorded by the Tribunal. 6. Learned counse! for the appeilants has not chaiienged the assessment of the income of the deceased by the Tribunai at Rs.2,600/- per month and Rs.31 ,200/- per annum. Even otherwise, we do not find any infirmity in the assessment of the Income of the deceased by the Tribunal at Rs.2,600/- per month and Rs.31 ,200/- per annum. 7. The Tribunai has certainiy erred in deducting 2/3rd of the Income of the deceased towards his persona! expenses. As deceased Khilesh Kumar, at the time of the accident, was unmarried and after hls mamage his contribution to the parents wouid have been reduced substantialty, we deem it proper to deduct 50% of Rs.31,200/- towards the personal expenses of the deceased and assess the ciaimants' dependency at Rs.15,600/-. 8 . The mujtipiier of 10 selected by the Tribunal cannot be found fault with considering the fact that ths ciaimants are parents ofthe r ^^i% ^^^w^ deceased and in view of the dictum pf the Apex Court In the case of Manicipa! Corporstion of Greater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC-731, wherein it was held that in those cases where the claimants are parents of the deceased, the muitlpller should never exceed 1 0. 9. By multipiying the annual dependency of Rs.15,600/- with the multipjier of 10 the compensation works out to Rs.1,56,000/-. The ciaimants are further entitled to receive Rs.5,000/- towards funera! expenses and Rs.5,000/- for loss of estate. The claimants, thus, become entitied to receive a total sum of Rs.1,66,000/- as compensatlon for the death of their son Khifesh Kumar in the motor accident. 10. Learned counsel for the parties submitted that with a view to avoid any possibSe dispute between the parties about the period for which the ciaimants 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 appeai itseif. 11. The accident in the present case wherein deceased Khilesh Kumar lost his life took piace in the year 2007; the claim petition was filed by the claimants in the year 2007; the impugned award came to be passed by the Tribunal in the year 2008; the present appeai was fiied by the appellants/ claimants for enhancement of the compensation in the year 2008; and the appeai is being flnaily decided in the year 2009. Considering all the relevant factors Including the delay in disposai of the claim petition and the present appeal and the fact that the Insurance Company alone is not to be r^i^ ' a •^ -^y ^ ^ blamed for the entire deiay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.49,000/- at Rs.5,000/-. 12, For the foregoing reasons, the appeai fiied by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,17.000/- awarded by the Tribunai is enhanced to Rs.1,66,000/- with further quantlfied amount of interest of Rs.5,000/- on the enhanced amount of compensation of Rs.49,000/-. 13. Respondent No.3 - New India Insurance Company Limited is granted three months' time for depositing the tota! sum of Rs.54,000/- (Rs.49,000/- towards enhanced amount of compensation + Rs.5,000/- towards quantified amount of interest) before the concerning Claims Tribunal. 14. No order as to costs. Sd/- Sunil Kumar Sinha Sd/- 1 Judge Chief Justice | subbu