@ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HONIBLE $HRI RAJEEV GUPTA, CJ. HON’BLE SHRI RANGNATH CHANDRAKAR,J NLA. No. 813 of 2003 1. Ku Lata Chandrakar, aged about 11 years Ku ‘Tikam Chandrakar, aged about 14 J years 3. Gautam Kumar Chandrakar, aged 1? years $mt Champa Bai Chandrakar, aged 37 years, W/o Late Prahalad Chandrakat, ,V House wife Appeliants No 1 to 3 are represented hereby legai guardian Imother Champa Bai AII are Rio Gram -— Bemcha, Post Bemcha, Thana -— Mahasamund, Tah Mahasamund Distt Mahasamund (CG) N Versus Respondents Asfak Ahmad Slo Sekh Ibrahim Aged abaut 42 years. Business ~ Driver Bolbam Travels, Co—Ajhar, Mahasamund Rio Nayapara, PS & Tah Mahasamund 2 Ramadhar @ Rama Chandrakar, S/o Dhansingh Chandrakar, aged 44 years, Business - Driver, Bolbam Travels, R/o Village Kaunjhar, PS Tumgaon, Tah & , Distt Mahasamund :3 The New lndia Insurance Co. Ltd., Office Madeena Manzll, Kuchherl Chowk, Jail Road, Raipur, Post Raipur (CG) ‘ Miscellaneous Appeal uls173 of the Motor Vehicles Act ‘ Present : Shri JSP Chandrasen, counsel forthe appellants. ShriDasarath Gupta, counsel for respendent No.3. , Non - Appiicants @ ORDEI; (17* Juné, 2010, The following order of the Com was passed by Rajeev Gupta; C.J. This is claimams’ appeal for enhancement or the ’ compensation awarded by the First Additional Motor Accident Claims Tribunal, Manasamund (for short ‘the Tribunal’) vide award dated 27.01 .2003, passed in Claim Case No.31 [2001. ' 2) As against the compensation of Rs.21,00.000I- claimed eby the appellants/claimants, unfortunate widow and minor children of deceased Prahalad Chandrakar by filing a claim petidon under $ection 166 of the Motor. Vehicles Act, for his death in the motor ' accident on 19.08.2601, the Tribunal awarded a total sum of Rs.2,7-1,000l- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 3y 'The Tribunal on a close scrutiny of the entire evidence led ’ before it held that deceased Prahalad Chandrakar died on account ‘ of the injuries sustained by him in the motor accident on 19.08.2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Mini Bus beadng‘ registration No.0G—06-O540; as the offending vehicle Mini Bus on the date of the accident was insured with the New india, insurance Company Limited, the insurance Company was liable to pay I compensation to the claimants. i ,/// l 1 “Hi QGD 4) As the respondents have not med any appeal against the ,1 award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.2,200/- per month and Rs.26,400l— per annum. By deducting 1/3” of Rs.26,400/- towards the persona! expenses of the deceased, the oiaimants‘ dependency was assessed at Rs.1 7,6GOI- , per annum. By multiplying the annual dependency at Rs17,6dO/-r 1 with the multiplier of 15, the compensation was worlqed out to Rs.2,64,000 /-. By awarding further sum of Rs.7,000/- under- other heads, the Tribunal awarded Rs.2,71,000i- as compensation. The ‘ ' Tribunal further directedtpayment of interest on the above mount _ of compensation of Rs.2,71,000/- @ 9% per annum from the date I of the filing of the claim petition tiil the date of actual payment; 6) Shri AL Singraul. learned counsel ‘for the appeltants submitted that the Tribunal has, erred in not accepting the. claimants' evidence about the indome of the deceased and in assessing his income at Rs.2,200l— per momh and Rs.26,400/,- per annum only; and in awarding low compensation of Rs.2,71 ,OOOI- only. 7) ‘ Shri Saurabh Sharma, learned counsel for respondent No.3 The New lndia insurance Company Limited, on the other hand supported the award and contended that the compensation of Rs.2,71,000l- awarded by, the Tribunal is just and proper: compensation in the facts and circumstances of the present case. ' p t i 8) True, the claimants pleaded that deceased: Pvahalad Chandrakar used to earn Rs.250/- per day as Tailor, the evidence led in that behaif was not of clinching nature. We, therefore, do not fund any faurt in the approach of the Tribunal in‘discarding the evidenceabout the income of the deceased. a 9) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.2,200/- per month and Rs.26,‘400l- per annum is certainly on the lower side and the same requires reconsideration. 10) On due consideration of the submissions of learned counsel for the parties and ail the relevant factors, we are of the opinion ’ that further award of R321 ,DOOI— inciusive of interest component on : the enhanced amount of compensation would make the \ compensation of Rs.2,71 ,ODOI- awarded by the Tribunal as just am proper compensation in_the.facts and circumstances of the present ca$e. 11) The appeal filed by the claimants for enhancement of the compensation, therefore, is allowed in part.- The claimants/tare awarded further sum of R321 ,OODI- inclusive of interest component on the enhanced amount of compensation in addition to the sum‘of Rs.2,71 ,OOOI- awarded by the Tribunal. 12) Respondent No.3 The New lndia Insurance Company Limited is granted three months’ time for depositing the sum of R521 ,000/~ before the conceming Claims Tribunal. 13) No order as to costs. ‘sw— v > V :R.N.Chandr"akar i is ' i Sdl- Chief Justice 4., ' - Judge sup , r V it