HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. (Q No. 798/2009 AP^LLANT CLAIMANT RESPONDENTS NON-CLAIMANTS Smt. Suniti Rai Wd/o Khgendra Rai, aged about 48 years, R/o village P.D.-3, Pakhnjur, District North Bastar, Kanker (CG) Versus Dipankar Kundu, S/o C.N. Kundu, aged about 37 years, occupation vehicle owner, R/o village Pakhanjur, Tahsil Pakhanjur, District Kanker (CG) The New IiKiia Insurance Company 1, near Jhankar Talkies, Jaipur Road, Jagdalpur, District Bastar (CG) SB:- Hon. Shri N.K. Agarwal, J. PRESENT :-Shri A.L. Singrol, Adv. for the appellant. Shri Shailendra Sharma, Adv. for respondent No.2. ORAL ORDER (4-5-2010) 1. This is claimants' appeal seeking enhancement of compensation in the award dated 5-2-2008 passed by Additional Motor Accident Claims Tribunal (FTC), Bhanupratappur, District Uttar Bastar, Kanker in Claim Case No. 75/2007 whereby and whereunder an amount of Rs. 1,45,000/- has been awarded in favour of the claimant as compensation for the death of deceased Amitabhrath Rai. 2. Brief facts of the case are that on 16-5-2006 at about 4.30 p.m. deceased along with other deceased persons was returning after attending a marriage of his relation by a Tempo Trax Gama vehicle bearing registration no. CG/04/H 3039 and died on a nexalite bomb blast near village Sakansur Distt. Garhchirauli. The mother of deceased Amitabhrath Rai filed a claim petition under Section 163(A) of the Motor Vehicles Act, 1988 (briefly 'the Act') claiming Rs. 5,47,000/- as compensation for the death of the deceased against the respondents. ^^^^ ^J Learned Tribunal on a close scrutiny of the evidence led, material placed and submissions made, held the respondent No. 2/Insurance Company responsible for payment of compensation, assessed income of the deceased as Rs. 15,000/- per annum, after deducting 1/3rd towards personal expenses of the deceased, assessed loss of dependency 10,000/- per annum, applied multiplier of 13 looking to the age of the claimant as 48 years, and awarded Rs. 1,30,000/- on account of loss of dependency. Learned Tribunal further awarded Rs. 10,000/- towards loss of consortium, Rs. 5,000/- towards funeral expenses and thus awarded Rs. 1,45,000/- as total compensation along with interest at the rate of 6% per annum from the date of application till its recovery. Shri Singrol, learned counsel for the appellant submitted that the Tribunal has erred in not accepting the claimant's evidence about the income of the deceased and in assessing his inGome at Rs. 15,000/- per annum only; and in awarding low compensation ofRs. 1,45,000/- only. On the other hand, Shri Shailendra Sharma, learned counsel for respondent No. 2/ Insurance Company supported the award and contended that the amount awarded by the Tribunal is just and proper in the facts and circumstances of the case, which deserves to be upheld. True the claimant pleaded that deceased Amitabhrath Rai used to earn Rs. 4,000/- per month from his work as Rajmishtri. However, the appellant failed to substantiate the aforesaid income pleaded in the case and therefore, in the opinion of this Court, learned Tribunal has not erred in discarding the claimant's evidence about income of the deceased. Nevertheless, the income of the deceased assessed by the Tribunal at Rs. 15,000/- is certainly on lower side and requires reconsideration. Considering the deceased was aged about 27 years, I am of the opinion that he could have easily earned Rs. 3,000/- per month i.e. Rs. 36,000/- per annum from the work of Rajmistri. I therefore, propose to recompute .^^^^. r .^^^ ^s^. •^;^.,^; -:^,,^\ the compensation taking the income of the deceased at Rs. 3,000/- per month and Rs. 36,000/- per annum. 8. As mother is the only claimant and the deceased is her unmarried son, therefore, it would be appropriate to deduct 50% of the assessed annual income of the deceased towards his personal expenses. Thus the appellant's dependency works out to Rs. 18,000/- per annum. 9. In the case of Municioal Corooration of Greater Bombav - v- Laxman Iver and another reported in (2003) 8 SCC 731, the Supreme Court has held that in those cases, where the claimants are parents of the deceased, the multiplier should never exceed 10. In view of above decision of Supreme Court, the appropriate multiplier, in the facts and circumstances of the present case, would be of 10. 10. By multiplying annual dependency of 18,000/-with the multiplier of 10, the compensation works out to Rs. 1,80,000/-. The claimant is further entitled to receive Rs. 5,000/- towards funeral expenses, Rs. 5,000/- towards loss of estate. The claimant is thus entitled to receive a total sum of Rs. 1,90,000/-. In other words, the appellant is entitled for a further sum of Rs. 45,000/- along with interest @ 6% per annum from the date of application till its recovery. 11. For the foregoing reasons, the appeal filed by the appellant/claimant for enhancement of the compensation is allowed in part. The compensation of Rs. 1,45,000/- awarded by the Tribunal is enhanced to Rs. 1,90,000/- i.e. for a further sum of Rs. 45,000/- over and above the amount awarded by the Tribunal, with interest at the rate of 6% per annum from the date of application till its recovery. 12. The respondent no. 2/Insurance Company is granted three months' time for depositing awarded amount before the concerning Claims Tribunal. 13. No order as to costs. Sd/- l N.K. Agrawal Judge