HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Applicants Respondents Non-applicants (Driver) (Owner) (Insurance Company) Misc. Appeal No. 913 of 2006 1 N. Gopal s/o N.C. Chenlu aged about 53 years. 2 Ku. Swarnlata, D/o N. Gopalram, aged about 22 years Both are resident of near Shiv Mandir, Indira Nagar, B.M.Y. Charouda, P.S. Bhilai 3, distt. Durg C.G. VERSUS 1. Jwala Prasad Sharma, s/o Shyamlal Sharma, aged about 45 years, R/o Durga Chowk, Shankar Nagar Durg, distt. Durg C.G. 2. M/s. Shri Vijay Enterprises, R/o Nehru Road, Supela, Bhilai, distt. Durg C.G. 3 Vijay Kumar Sumani, S/o Gulabchand Sumani, R/o Padamnabhpur, in frpnt of P.S. Shiv Sadan, Muktnagar, Durg, distt. Durg C.G. 4. National Insurance Company Ltd. Aakash Ganga, Supela, Bhilai, distt. Durg. MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT.1988. Present: Ms Farah Minhaz, counsel for the appellants. Shri ShreekumarAgrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.4. TT "^ 'fes^ "^.^.^ i •^11 ^' ORDER (29th April, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the 11 Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 28.02.2006, passed in Claim Case No.52/2003. 2) As against the compensation of Rs.9,20,000/- claimed by the appellants/ claimants, unfortunate husband and daughter of deceased Smt N Balashankari by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death on 11.09.2004 on account of the injuries sustained by her in the motor accident on 09.09.2004, the Tribunal awarded a total sum of Rs.1,21,526/- as compensation to the claimants along 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 Smt N Balashankari died on 11.09.2004 on account of the injuries sustained by her in the motor accident on 09.09.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Maruti Car bearing registration No.C.G.07/4329; as the above offending vehicle Maruti Car on the date of the accident was insured with the National Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, w% j ^; the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at . Rs.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. By deducting 1/3rdof Rs.15,000/- towards the personal 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 multiplier of 10, the compensation was worked out to Rs.1,00,000/-. By awarding further sum of Rs.7,000/- under other heads, and Rs.14,526/- towards medical expenses, the Tribunal awarded a total sum of Rs.1,21,526/- as compensation to the claimants for the death of deceased Smt N Balashankari in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,21,526/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Ms. Farah Minhaz, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of,the deceased and in assessing her income at Rs.15,000/- per annumonly; in selecting ^:;'^^^\. ^y% -ws^. i -^ ^ the lower multiplier of 10; and in awarding low compensation of Rs.1,21,526/-only. 7) Shri Shreekumar Agrawal, learned Senior Counsel with Shri Anand Gupta, learned counsel for respondent No.4, the National Insurance Company Limited, the insurer of the offending vehicle Maruti Car, on the other hand, supported the award and contended that the compensation of Rs.1,21,526/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) True, the claimants pleaded that deceased Smt N Balashankari used to earn Rs.3,000/- per month from tuition of classical music, no cogent and reliable evidence was led before the Tribunal to establish the above occupation of the deceased and her income to the extent of Rs.3,000/- per month. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income ofthedeceased. 9) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum inthe year 2004 is certainly on the lower side and requires reconsideration. 10) Considering that deceased Smt N Balashankari was aged about 47 years on the date of the accident and that the accident occurred in the year 2004, we are of the opinion that the Tribunal ought to have assessed the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. We, therefore, ^c^ ^.•.••"';,^y^-:^. ^ N*N^^ propose to recompute the compensation taking the income ofthe deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 11) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/-per annum. 12) Considering that claimant No.1 N. Gopal, husband of the deceased was aged about 53 years and the deceased was aged about 47 years, we are of the opinion that multiplier of 11 would be appropriate in the present case in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, wherein multiplier of 11 has been prescribed for the age group between 51-55 years. 13) By multiplying the annual dependency of Rs.16,000/- with the multiplier of 11, the compensation works out to Rs.1,76,000/-; by adding further sum of Rs.14,526/- awarded by the Tribunal towards medical expenses; and Rs.5,000/- for funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the husband, the claimants become entitled to receive a total sum of Rs.2,05,526/- as compensation for the death of deceased Smt N Balashankari in the motor accident. 14) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the fT^. •V. ' 6 amount of interest on the enhanced amount of compensation may be quantified in this appeal itself. 15) Considering all the relevant aspects of the matter, including the delay in disposal of the claim petition, and the present appeal and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.84,000/- at Rs.8,000/-. 16) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,21,526/-awarded by the Tribunal is enhanced to Rs.2,05,526/- with further quantified amount of interest of Rs.8,000/- on the enhanced amount of compensation of Rs.84,000/-. 17) Respondent No.4 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.92,000/- (Rs.84,000/- towards enhanced amount of compensation + Rs.8,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.84,000/-) before the concerning Claims Tribunal. 18) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge padma