...^ "Y^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 1242 of 2008 Appellants Claimants Respondents Driver 1 Geeta Devi w/o late Shri Abhimannu, sahu aged about 19 years, 2 Ram Bhajju Sahu s/o Dhano Sahu, aged about 50 years, 3. Smt. Laxmi Devi w/o Ram Bhajju Sahu aged about 48 years, All appellants r/o near Budhbari Bazar, Korba, Tahsil & Distt. Korba C.G. VERSUS 1. Naresh Kumar s/o Bhola Prasad r/o House no. M-89, Pump House Colony Korba, Tahsil and District Korba C.G. 2 Laxmi Devi w/o Bhola Prasad R/o House no. M-89 Pump House Colony Korba, Tahsil and distt. Korba C.G. Insurer The Oriental Insurance Company Through Divisional Manager Office, Geetanjali Bhavan, Main Road Korba, Tah. & Distt. Korba (C.G.). Appeal under Section 173 (2) ofthe Motor Vehicle Act. 1988 Present: Shri Parag Kotecha and Shri Yogesh Chandra, counsel for the appellant. None for respondents No.1 and 2 though served. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3. .^A^ /^re^ r''| ^ '^w^ ( -M.J ORDER (22nd June, 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, Korba (for short 'the Tribunal') vide award dated 31.12.2007, passed in Claim Case No.240/2007. 2) As against the compensation of Rs.21,50,000/- claimed by the appellants/ claimants, unfortunate widow and parents of deceased Abhimanyu Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on account of the injuries sustained by him in the motor accidenton 07.02.2004, the Tribunal awarded a total sum of Rs.3,79,000/- as compensation along with 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 that deceased Abhimanyu Sahu died on account of the injuries sustained by him in the motor accident on 07.02.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.C.G.-12/8012; as the above offending vehicle Jeep on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, thelnsurance Company was liable to pay compensation to the claimants. /.' 2^ ^~.a^^ ''••^--'' ^,^'y 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.100/- per day; Rs.2,500/- per month assuming that he was getting work only for 25 days in a month; and Rs.30,000/- per annum. By deducting 1/3 of Rs.30,000/- towardsthe personal expenses of the deceased, the claimants' dependency was assessed at Rs.20,000/- per annum. By multiplying the annual dependency of Rs.20,000/- with the multiplier of 18, the compensation was worked out to Rs.3,60,000/-. By awarding further sum of Rs.19,000/- under other heads, the Tribunal awarded a total sum of Rs.3,79,000/- as compensation to the claimants for the death of deceased Abhimanyu Sahu in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,79,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Parag Kotecha and Shri Yogesh Chandra, learned counsel for the 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.100/- per day; Rs.2,500/- per month; and Rs.30,000/- per annum only; and in awarding low compensation of Rs.3,79,000/- only. 7) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the '^^ .^y ^ A ^^ insurer of the offending vehicle Jeep, on the other hand, contended that as the claimants could not establish the income of the deceased as pleaded by them, the compensation of Rs:3,79,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) True, the claimants pleaded that deceased Abhimanyu Sahu used to earn Rs.5,000/- per month by selling readymade garments, no cogent and reliable evidence was led before the Tribunal for establishing the income of the deceased to that extent. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income ofthedeceased. 9) Nevertheless, the Tribunal apparently has fallen into error while assessing the monthly income of the deceased at Rs.2,500/- per month after having assessed his daily income at Rs.100/- per day assuming that the deceased was working only for 25 days in a month. In our opinion, the Tribunal ought to have assessed the monthly income of the deceased at Rs.3,000/- and annual income at Rs.36,000/-. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. 10) By deducting the usual 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.24,000/- per annum. ^'^^^\ •i:"^ ^.1^..-'-^ ^ ^"A~. •. ...••?A '^^ "^-.^' "\ 11) Considering the age of the deceased, his widow and parents, we are of the opinion that multiplier of 17 would be appropriate in the present case. 12) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 17, the compensation works out to Rs.4,08,000/-. 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 widow. The claimants, thus, become entitled to receive a total sum of Rs.4,23,000/- as compensation for the death of deceased Abhimanyu Sahu in the motor accident. 13) The claimants are further awarded a sum of Rs.7,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.44,000/-. 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.3,79,000/-awarded by the Tribunal is enhanced to Rs.4,23,000/- with further quantified amount of interest of Rs.7,000/- on the enhanced amount of compensation of Rs.44,000/-. < 15) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.51,000/- (Rs.44,000/- towards enhanced amount of compensation + Rs.7,000/- towards quantified amount of interest '<^...\ vc\^. •v' \^. 11 v- i*.\ •"Y. ''Y' .^ on the enhanced amount of compensation of Rs.44,000/-) before the concerning Claims Tribunal. subbu 16) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge