J'BLE SHRi RAJEEV GUPTA, C.J. IQN'BLE SHR!SUNSLKUSVSARSiNHA,J. isc. ARpeal No.1034 OT2003 Ciaimants 1 Smt. Sukwantin Bai, aged about 45 years,W/o Ghansingh Giri , 2 Ghansingh Giri, aged about 50 ^ars, SfeJajJaiGiri , ; ' ,-;_.-;" 3 Ku. Brij Kumari, aaed about 16 years, D/o Ghans|n§hGirj (Minor) 4 Santosh Kumar, aged about 12 years, S/oGhansinah Glri \ The appellant NQ.3 & 4 minors are brother & sister of the deceased, through the guaFdian i.e. the mother, theappellant NQ.I Smt Sutovantin Bai, Appeliant No.T to 4, Ihey all are RA3 VI Uria, Satnamipara, PS Urla, Tahsil & DistRaipur (CG) (Driver) (Owner) (Insurer) 1 Narsingh Yadav, aged about 35 years S/o Dakhan Yadav, Profession; Truck Driver, R/o Ajanta Timber, Fafadih, Raipur(CG) . .2 Shn Paras Patel, Truck Owner, R/o Ajanta Tjmyer, Fafadih, Raipur (CG) 3 The Qrienfai Insurance Company Ltd., Through DiyisiQna! |iyi;anager,'DivisiQnal Qffice . N6.2,: BusiFiess Area, | Vanijya ~-. Bhawan.Devendra Nagar, Raipur(CQ) isc. ARD6al_under Sectio!fl73 QfifieMotolF MehiCles Smt Somshukia Sarkar, counsel for the apjaBllanis. ^4 2 Norie for respondems N6.1 and 2 though s( Shri AK Athaley, counsel for respondent No.3 The following order of the Court was passed by Thfs is ciaimants' appeal for enhancement of the compensation awarded by the Fourt Additional Motor Accident Claims Tribunal, Raipur (forshort 'the Tribunal'), vide award dated 19.07.2003, passed in Claim Case No.83/2002. k 2) As against the compensation of Rs.9,50,000/- ciajmed by the appellants/claimants, unfortunate parents, younger brother and sister of deceased Kum Saroj Giri by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for her death in the motor accident on 02.05.2002, the Tribunal awarded a totai sum'of Rs.1,60,000/- as compensation along with interest @ 6% per annum from the date of the filing ofthe ciaim petition till the date of actual pavment. 3) The Tribunal on a close scrutiny of the entire evidence led before jt held that deceased Kum Saroj Giri died on account of the injuries systained by her in the motor accident on Q2.Q5.2002; the accident occurred duetO-rash and negliaent driying of the driver of the offending vehicle Truck bearing registration iNo.CG-04- ZC/0539; |as theabove offending vehicleTruck|on the cfate ofthe 1 -• '•" 1 '.^•""-' -.- .; ": aGddentvvasinsured^withtheOrientallnsuranceConlbanyLtmited, and the Insurance Company could not establisll ahy breach of the t:K 3 •Ill1 pollcy conditions, the Insuranee Company was liablte_to^pay compensation to the claimants. 4) As the respondents have not filed any appeal against award, the above flndings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.15,000/- perannum. Bydeducting 1/3rd of Rs.15,QOO/-towards the personai expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the Y: ' • multiplierof 16, the compensation wasworkedouito Rs.1,60,000/-. The Tribunal, thus, awarded a total sum of Rs,1,60,.000/- to the ciaimants for the death of deceased Kum Saroj Giri in the motor accident. The Tribunal, furtheir directed payment of interest on the above amount of compensation of Rs.1 ,60,000/- @ 6% per annum from the date ofthe filina ofthe claim petition till the date ofactuai 6) SmtSomshukla Sarkar, learned counsel for the appellants submitted that, the Tribunal has erred in not acceptlng the claimants' evidence about the income of the deceased and in assessing herincom&at Rs.15,000/- perannumoniy; jn deducting 1/3ro oT the ineome of the deceased towards her personal expenses; in not awardina anysurh towards fijineral expenses and loss of| estate; and in awarding low compensation of ^3ig'^iSr^^^^Ss*^!^&^it«te^l^ '":^. 'W"*!. :!' '! E' '•<: i ~ w 7V Shri AK Athalev, iearned Gounsei for respondeririNTo.S the Oriental Insurance Company Limited, on theother hand supported the award and contended that the compensation of Rs.1,60,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe case. 8) In a motor accidentelalm case what is important is that the compensation to be awarded by the Courts / Tribunais should be justand proper compensation in the facts and circumstancesof the ease. It shouid neither be a meager amount of compensatibn, nor abonanza. % \ 10) Now, we shail examine as to whether thecompensation of Rs.1,60,000/- awarded by the Tribunal Is just and proper compensation inthefactsand circumstances of thepresent case. 11) Deceased Kum Saroj Giri was aged about 19 years on the date of the accident. She was unmarried. The claimants are her parents, younger brother and sister. 12) Considering the evidence led by the claimants about the income ofthedeceased;herage;the factthat the deceased have been married by her parents in the near future and thereafter she would not have extended anv sypport to them, we aresatisfied that the compensation of Rs.1,60^)00/- assessed and awarded by the Tribunal towards loss of dependency doe5 not call for any interferehceinthisappeal. 13) Newrtheless, the TFibunal tias certainly erred in not awardjng,,any sum towards funeral expensesand IQSS ofsstate. i";:N:TS^:^^^;t!^^;'ESNSi¥;s^s"i<s<i^^ iS<. t^~ li'it-i !sWi» 14) In our considered opinion, the claimants ai'e-^fi'titled to recelve Rs.5,000/- towards funeral expenses and Rs.5,000/- for loss of estate. Thus, the clairhants'becomeentitled to receive enhanced amount of Rs.10,000/- with quantified amount of interest of Rs.1,000/-. 15) For the foregoing reasons, the appeai filed by the appeliants/claimants for enhancement of the eompensation is allowed in part. 16) The claimants are awarded further sum of Rs.11,000/- inclusive of interest component on the enhanced amount of Y , • :- :1 compensation in addition to the sum of Rs.1,60,000/- awarded by . the Tribunal. 17) Responderit No.3 the Qrientai Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concernina Claims Tribunal. 18) No order as to costs. Sd/- Chifif Jiistice!- F Sd/'- Sunil Kumar Sinha Judge, / T'»annSB8a»<n»»—mid