HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants Respondents Wlisc. Appeal No. 1080 of 2005 1. Smt Savita Bai, Wd/o Chetan Lal, aged about 30 years, Occupation - House Wife 2. Ku Priyanka, d/o late Chetan Lal Nishad, aged about 7 years 3. Ku Neha, d/o late Chetan Lal Nishad, aged about 6 years 4. Ku Vijay Laxmi, d/o late Chetan Lal Nishad, aged about 5 years 5. Ku Bhuneshwari, d/o late Chetan Lal Nishad, aged about 2 Vi years 6. Smt Janki Bai, w/o Hari Ram Nishad, aged about 55 years 7. Hari Ram Nishad, s/o Jairam Nishad, aged about 60 years Appellants No.2 to 5 are represented by legal guardian appellant No.1 All are resident of Mana Camp, Raipur, Tahsil & District - Raipur VERSUS 1. Nitai Ahir, age about 26 years, s/o Banmali Ahir, Occupation - Truck Driver, R/o MS Service Station, Telibandha, Raipur, District - Raipur M.A. No. 1080 of 2005 2. Krishna Prasad Kundu, S/o Late Subodh Chandra Kundu, Occupation - Truck Owner, R/o MS Service Station, Telibandha Raipur, District - Raipur (CG) 3. The New India Insurance Co. Ltd., through - Divisional Manager, Divisional Office, Kachahari Chowk, Jail Road - Raipur Appeal under Section 173 ofthe IVIotoLVehicles Act Present: Shri A.L. Singraul, counsel forthe appellants. Shri SudhirAgrawal, counsel for respondent No.3. ORDER rth (27mSeptember,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 1 3 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 30.06.2005, passed in Claim Case No.28/2004. 2) As against the compensation of Rs.60,00,000/- claimed by the appellants/ claimants, unfortunate widow, minor children and parents of deceased Chetan Lal Nishad, by filing a claim petition under Section-166 of the Motor Vehicles Act, for his death in the motor accident on 11 .01.2004, the Tribunal awarded a total sum of Rs.1,79.500/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition till the date of actual payment. M.A. No. 1080 of 2005 '^ 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Chetan Lal Nishad died on account of the injuries sustained by him in the motor accident on 11.01.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.W.B.33/5407; as the above offending vehicle Truck on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, 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. By deducting 1/3rd of 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 17, the compensation was worked out to Rs.1,70,000/-. By awarding further sum of Rs.9,500/- under other heads, the Tribunal awarded a total sum of Rs.1,79,500/- as compensation to the claimants for the death of deceased Chetan Lal Nishad in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,79,500/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. M.A. No. 1080 of 2005 6) Shri A.L. Singraul, learned counsel for the appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs. 15,0007- per annum only; in deducting 1/3 of the income of the deceased in place of 1/4 towards his personal expenses; and in awarding low compensation of Rs.1,79,500/- only. 7) Shri Sudhir Agrawal, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that as the claimants could not establish any regular and definite income of the deceased, the compensation of Rs.1,79,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) True, the claimants pleaded that deceased Chetan Lal Nishad used to earn Rs.70/- per day as Home-guard and in addition to his monthly income of Rs.5,000/- as Electrician, no cogent and reliable evidence was led before the Tribunal for establishing the income of the deceased to the above extent. 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 ofthe deceased. 9) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2004 is certainly on the lower side and requires reconsideration. 10) Considering that deceased Chetan Lal Nishad was aged about 33-35 years on the date of the accident, we are of the opinion that he could have easily earned Rs.70-75/- per day even by working as an unskilled labour, in theyear 2004. We, therefore, M.A. N0.1080 Of 2005 /- propose to re-compute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. 11) Considering that claimants No.1 to 5 i.e. widow and four minor daughters of the deceased were wholly dependent on the income of the deceased, we deem it proper to deduct only 1/4 of the income of the deceased towards his personal expenses. The claimants' dependency, therefore, is assessed at Rs.18,000/- per annum by deducting 1/4 of Rs.24,000/- towards the personal expenses ofthe deceased. 12) As deceased Chetan Lal Nishad was aged about 33-35 years, in our opinion, multiplier of 16 would be appropriate 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 16 has been prescribed for the age group between 31-35 years. 13) By multiplying the annual dependency of Rs.18,000/- with the multiplier of 16, the compensation works out to Rs.2,88,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; ahd Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.3,03,000/- as compensation forlhe death of deceased Chetan Lal Nishad 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 aboutthe period for which the claimants are entitled to receive M.A. No. 1080 of 2005 ^ interest on the enhanced amount of compensation, the 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.1,23,500/- at Rs.11,500/-. 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.1,79,500/- awarded by the Tribunal is enhanced to Rs.3,03,000/- with further quantified amount of interest of Rs.11,500/- on the enhanced amount of compensation of Rs.1,23,500/-. 17) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,35,000/- (Rs.1,23,500/- towards enhanced amount of compensation + Rs. 11.500/- towards quantified amount of interest onthe enhanced amount of compensation of Rs.1,23,500/-) before the concerning Claims Tribunal. 18) No order as to costs. S<3/- Chief Justice Sd/- N.K. Agrawal Judge nimmi