-T- ^ t HIGjLCOURT OF CHHATTISQARH AT BIIAsPUR E.A.No. 919/2005 APPBLLANTS Clatmants Puraalal Sahu and another Versus RESPONUBNT'S Yashvant Kumar Verma and oUiers Non-applicants Judgnient post for 2G-6-2007 Sd/- DHHUBNDRA MBHRA Judge ^^-6-2007 ^.^t^^^ls ..^€ •^;. l^ HIGH COURT OF- CHHATTISGARH AT BILASPUR M.A. N0.919/2Q05 c ^ APi'ELJLANT'S 1. Claimaats Puranlal Saliu, S/o. Budheram Sahu, aged about 40 years 2. Raiapyaii Bai, W/o. Puran Lal Sahu, agcd about 38 ycars, both arc R/o. village - Mohadi, P.8.- Dharsiva, Distt. Raipiir (C.G.) Versus RE-SPQNDENTS 1. Yashvant Kumar Verma, S/o. Non-applicants Punaram Venna, village - Mohdi, P.S. Dharsiva, Distt. RaipLir (C.G.) 2. Smt. Draupadi Bai Verma, W/o. A.C. Verma, village- Mohdi, P.S. Dharsiva, Distt. -Raipur (C.G. 3. The Oriental Insurance Company Limited, fhrough Divisional Manager, the Oriental Insuiraiice Co. Ltd. Kutchhari Chowk, Jail Road, Raipur (C.G.) Shri S.C. verma, Adv. for the appellants. None appears for the respondents. JUDGMENT DhireadraMishra,J. The claimants have preferred trds appeal fbr CTihancement of award against me award dated 29-4-2005 passed by 11th Additional Motor Accident Clauns Tribunal, FTC, Raipur in Claim Case No. 62/2004 whereby a sum of Rs. 57,000/- has been awarded-^compensafion to the ciaimants for the death of their son Rameshwar aged 7 years. 'The claiaiants moved an application for compensation before the 'TTibunal wifh an averment tiiat on 29-2-2004 at about 7,10 a.m.,-his son Ranieshwar was playing near groceiy shop, at that time offending vehicle Muii Bus bearing registration No. CG 04 ZA Q3SO was being pushed from Engine side backward for the purpose of starting it, however the deceased came under the wheels of the bus and sustained grievous injuries and died on the saoie day. Coiupensation of Rs. 2,00,000/- towards loss of dependency, Rs. 10,000/- li €: c L <. towards funeral expenses, Rs. 10,000/~ towards loss of love and affection aiid Rs. 10,000/- towards loss of estate was clainied and accordmgly total Rs. 2,30,000/- was clainied. The respondent No. 3-insurer of the vehicle denied the avernients and contended that the compensation claimed is highly mflated. 'The ofher respondents also denied the averments ofthe claim petition and took the defence that there was no negligence on the port ofthe driver of the vehicle and in fact the deceased dashed against the offenduig vehicle because of his own negligence. 'T'he 'T'ribunal after appraisal offhe evidence, held that fhe accident occun'ed because of negligence of the driver of the offending vehicle and accordmgly allowed Uie claim petition and awarded Rs. 57,000/- towards loss of dependency, pains and sufferings and funeral expenses. The only ground iirged by the appellant for enhancenient of fhe awm'd is th.at the amount awarded is highly inadequate. The Tribunal ought to have applied multiplier method for assessinerrt of compensation and considering fhat the age of the deceased was less than 15 years, multiplier of 15 ought to haye been applied after taking national income of Rs. 15,000/- per year. Relimice is placed on the judgment ui the niatter of Man/u Devi and cuietfe<er -v- MusaHr Pciswcin and another reported m SOOSfl] T.A.C. 609{S.C.h I have heard leanied counsel for the appellants. I have perused the impugned award and material available on record. The ai^ume.nt of fhe learned counsel for fhe appellants which is based on the Judgiiient in the matter of Manfu Devi (supra) appears to be reasonable. The appellants-claimants who have lost tiheir 7 years your^ boy have been aw^arded a compensation of Rs. 57,000/-which is highly madequate and the TTibunal ought to have applied multiplier method for compensation payable to the claunaiite^ The application is 0 :^ ^- \is^ under Section 163-A ofme Motor Vehicles Act, 1988 (for short, hereinafter referred to as the Act) andlas per Second Schedule under the Act, tn the case of death of victim upto 15 yem's of age, ttie multiplier to be applied is 15 and notional mcome of Rs. 15,000/- per month is to be taken for computing the conipensation of th.e deceased who had no income prior to tiie accident. Thus, the compensation payable to the appellants- claimants as set out in fhe Second Schedule oftheAct, taking notional income ofthe deceased at Rs, 15,000/- peraiinuni and making deduction of l/3rd from the above bemg the expenditure that he would have incuiTed towards maintaining hmiselfhad ^ be^been alive, thus taking dependency at fhe rate of Rs. 10,000/- per annum and applying mi-dtiplier of 15, a suiii ofRs. 1,50,000/- towards loss of dependency ought to have been awarded. The Tribunal has rightly awarded a sum of Rs. 5,000/- for pains aiid sufferings and Rs. 2,000/- towards funeral expenses. Thus total sum of Rs. 1,57,000/- ought to have been awarded to fhe claimants. In the result, fhe appeal is allowed and the amount of compensation of Rs. 57,000/- awarded by the Tribiuial is enhanced to Rs. 1,57,000/-. Accordingly, an additional sum of Rs. 1,00,000/'- is awardedto me appeUants-claimants witli interest as awarded. _^ Sd/- DHIRENDRA MISHRA Judge {Ltka H f. .^-6-2007