:t( 4^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLESHRIRAJEEVGUPTA,C.J.& HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Respondents Misc. Appeal (Cl No. 1611 of 2009 1 Smt. Pumirna Devi, w/o late Roshanlai Kathle, aged about 40 years, 2 Rajesh Kathle, s/o late Roshanlal Kathie, aged about 22 years, 3. Rupesh Kathle, s/o late Roshanlal Kathle, aged about 17 years, 4. Ritesh Kathle, s/o late Roshanlal Kathle, aged about 15 years, Appellant No. 3 & 4 are minor through legal guardian mother Smt. Purnima Devi, Ali R/o Viliage Risda, Police StatJon & Tahsil Masturi, district Bilaspur C.G. VERSUS 1. Santosh Kumar, s/o Burakh Kumar Kurre, aged about 32 years, r/o village Masturi, police station & Tahsil Masturi, distraict Bilaspur C.G., through owner, Smt. Shakuntala Devi Agrawai, w/o S.C. Agrawal, behind Career Point, Dayalband, Bilaspur C.G. 2. Smt. Shakuntala Devai Agrawal, w/o S.C. Agrawal, R/o Behind Career Point, Dayalband, Bilaspur C.G. 3. The Oriental Insurance Company Limited, through Divisional Manager, Branch Office First Floor, Rama Trade Centre, in front of Rajiv PIaza, Bus Stand, Bilaspur, C.G. . ^^^^^y a Appeal under Section 173 oTthe Motor Vehicle Act Present: Shri R.K. Pandey, counsel for the appellants. Shri Sourabh Sharma and Shri Aditya Sharma, counsel for respondent No.3. ORDER (19th July, 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 Second Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 22.09.2009, passed in Claim Case No. 103/2008. 2) As agajnst the compensation of Rs.19,25,000/- claimed by the appellants/ claimants, unfortunate mother and brothers of deceased Rakesh Kathle, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 18.06.2008, the Tribunal awarded a total sum of Rs.2,70,000/- as compensation along with interest @ 6% per annum in the event of insurer's failure to deposit the amount of compensation within 30 days of the passing of the award. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the Oriental Insurance Company, the insurer of the offending vehicle Dumper bearing registration No.C.G.-10C/1708 liable to pay compensation to the claimants. 4) As the insurer of the offending vehicle Dumper has not filed any appeal challenging the above flnding recorded by the Tribunal, the same now has attained finality. f^^ %^. 8\ ^ •"Z4^ ^ 5) The Tribunal assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- With the multiplier of 10, the compensation was worked out to Rs.2,40,000/-. By awarding further sum of Rs.30,000/- under other heads, the Tribunal awarded a total sum of Rs.2,70,000/- as compensation to the claimants for the death of deceased Rakesh Kathle in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,70,000/-@ 6% per annum in the event of insurer's failure to deposit the amount of compensation within 30 days of the passing of the award. 6) Shri R.K. Pandey, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the jncome of the deceased and the claimants' dependency; and selected the appropriate multiplier, the Tribunal has erred in directing only conditjonal payment of interest in the event of insurer's failure to deposit the amount of compenssation within 30 days ofthe passing oftheaward. 7) Shri Sourabh Sharma and Shri Aditya Sharma, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Dumper, on the other hand, contended that the Tribunal has liberally awarded ^^:'. 1 ''¥>..- ^^s:.:/ ^ excessive sum of Rs.2,70,000/- as compensation to the claimants. 8) Though learned counsel for the appellants has not challenged the assessment of the income of the deceased; claimants' dependency; the selection of multiplier of 10 and the assessment of the compensation of Rs.2,40,000/- by the Tribunal towards loss of dependency, we have examined the entire record and we do not find any scope for enhancement of the compensation awarded by the Tribunal. 9) Nevertheless, the Tribunal has certainly erred in directing only conditional payment of interest on the insurer's failure to deposit the amount of compensation within 30 days of the passing ofthe award. 10) Learned counsel for the parties did not dispute that the Insurance Company deposited the amount of compensation awarded by the Tribunal within 30 days of the passing of the award. As such the claimants have been deprived of the amount of interest on the compensation of Rs.2,70,000/- awarded by the Tribunal. 11) We, therefore, award quantified sum of Rs.11,000/- as interest on the amount of compensation of Rs.2,70,000/- awarded by the Tribunal from the date of the filing of the claim petition till the date of actual payment. 12) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.11,000/- towards ^>:; ||iWittlWi»^ padma quantified amount of interest on the amount of compensation of Rs.2,70,000/- awarded by the Tribunal in addition to the above sum of Rs.2,70,000/-. 13) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge