/:F:"-, c^? Cl ir'i i^-i 9BI iilBEIiS iVii 4 2 Smt Shahjahan Begum Wd/o Late Fateh Mohammad, aaed at years Smt Sharbat Bi \W/o Late Abdui Gafoor aged about 80 years Ku Saba Bano, D/o Late Fateh Mohammad aged about 19 years Smt Shabnam Begum, VVd/o Late Shafl Mohammad, aged about 29 years Shahnawaz Khan, S/o Late Shafi Mohammad aged about 5 years (Minor through iegal and defacto Guardian Smt Shahjahan Begum) Ail resident of Haider Ganj, Moudaha, 'ehsi! - Moudaha, District - Hamir Pur (UP) lyan Chandrakar, S/o Sri Nemu Lal Chandrakar, R/o Station Road, Town, Tehsil and distt - Mahasamund (Chhattisgarh) (Owner of ill-fated Jeep-taxi NO.CG06/ZA/2046) The New India Assurance Company Ltd., Branch No.1, Second Floor, RDA iullding, Bajrang Market, GE Road, City, Tehsil & Dlst Raipur (Chhattisgarh) (Insurer of il NO.CG06/ZA/2046) 1-faied Jeep-taxi Preseni Kshitiz Sharma, Shri Q Aziz, counsel for for the app; ndent No.2. The foljowing order of the Court was passed by This is clalmants' appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 27.02.2004, passed in Ciaim Case No. 166/2002. 2) As against the compensation of Rs.10,11,000/-, claimed by the appellants/claimants, unfortunate widow, minor son, unmarriee sister, mother and grandmother of deceased Shafl Mohammad by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 21.08.2002, the Tribunai awarded a total sum of Rs.1,75,000/- as compensation to the claimants aiong 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 Shafi Mohammsd died cn account of the injuriss sustained by him in the motor accident on 21.08.2002; the accident occurred due to sudden mechanical failure of breaks of the Jeep-which the deceased himself was driving; as the above offending vehicle Jeep on the date of the accident was insured with India Assurance Company Limited, the insurance company was liable to pay compensation to the claimants. -L-? 4) As the respondents have not fiied any appea! against the avii'ard, the above findings recorded by the Tribuna! have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum. By deductlng 1/3l'd of Rs.15,000/- towards the personai expenses ofthe deceased, the claimants' dependency v/as assessed at Rs.10,000/- per annum. By muitiplylng the annual dependency of Rs.10,000/- with the multiplier of 17, the compensation vvas worked out to Rs.1,70.000/-. By awardins further sum of Rs.5,000/- under other heads, the Tribunal awarded a total sum of Rs.1 ,75,000/- as compensation to the ciaimants for the death of deceased Shafi Mohammad in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,75,000./- @ 6% per snnum frorn the date of filing of the ciaim petition till the date of actual payment. 5) Shri Kshitiz Sharma, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding Sow 'compensation ofRs.1,75,000/- oniy. 7) Shri Q Aziz, learned counsel for respondent No.2 the New India Assurance Company Limited on the other hand contended that, in fact, the claim petition filed by the ciaimants under Section 166 of the IViotor Vehicie Act was not maintainabie as accordin!: th< ts .-of the Fsrst Inf' >d by the claimants themseives before the Tribunal the accident occurred due to sole negligence of deceased Shafi Mohamrnad himseif, who was driving the Jeep at the time of accident. 8) in a motor accident claim case what is important is that the compensation to be awarded by the Courts / Tribunals should be just and proper compensation in the facts and circumstances of the case. it should neither be a meager amount of compensation, nor 9) Now, we shail examine as to whether the compensation of Rs.1,75,000/- awarded by the Tribunal is just and proper compensation In the facts and circumstances ofthe present case. 10) True, in the First Information Report which was produced by the claimants themseives before the Tribunal it has been categoricaily mentioned that the driver of the Jeep l.e. deceased Shafi Mohammad was driving the Jeep rashly and negligently and It was on account of his rash and negligent driving that the Jeep met with an accident resulting in the death of Shafi Mohammad. 11) Considering al! the relevant aspects of the matter Inciuding the nature and manner of the accident we are satisfied that the compensation of Rs.1,75,000/- awarded by the Tribuna! does not cali for any enhancement in this appea!. 12) The appea! filed by the appellants/claimants for enhancement of the compensation, therefore, is liable to be dismissed and is herebv dismissed. No order as to costs. sd/- Chief Jiistice Sd/- Sunil Kumar Sinha Judge padma