~"^ /.>tJh g '^'ti'^' .\.f='.!\. ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Is) CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal No. 347 of 2004 Appellants Claimants ss^3'8' 1 Smt. Sukhsagar Dharde, W/o. Shravan Dharde, aged about 35 years. 2 Kumari Seema Dharde, aged about 16 years, D/o the deceased Shravan Dharde (Minor) 3 The appetlant No. 2 is minor daughter of the deceased. Through the guardian i.e. the mother, the Appellant No.1. They both are R/o Pardeshi Chowk, Near Bhagwa Mandir, Supela, Bhilai, Tahsil & District Durg, (C.G.) VERSUS Respondents (Driver) 1 Bhagwan Singh, S/o Ramlat Wasnlk, aged about 39 years, R/o Shalupur, P.S. Jawahar Nagar, Tahsil & Dist. Bhandara (Maharashtra), (Driver ofTruck No. M.P.23 D-8257) (owner) 2 Awtar Singh, S/o Baku Singh, aged about 31 years, R/o Mill Area, Nagpur (Maharashtra) through Santosh Gupta, S/o Shivnand Gupta, 3 Darshan Mandir Camp No. 1, Bhilai, Tahsil & Dist. Durg (C.G.) (Owner of the same Truck). 3 National Insurance Comp. Ltd., Meserce Laxmi Bhawan Chowk, Dharampeth, Nagpur (Maharashtra) jMiscellaneous Appeal u/S 173 ofthe Motor Vehicte Act. 1988 Present: Smt. Somshukla Sarkar, leamed counsel for the appeliants. ./? None for respondents No. 1 & 2. Shri B.N. Nande, learned counsel for respondent No.3. ORDER ith (09m December, 2010) The foltowing order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeai for enhancement of the compensation awarded by the Seventh Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 29.08.2003, passed in Claim Case No; 37/2CX)3. 2) As against the compensation of Rs.23,58,000/- ctaimed by the appellants/claimants, unfortunate widow and minor daughter of deceased Shravanlal Dharde, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 06.08.2002, the Tribunal awarded a total sum of Rs.1,63,000/- as compen^tfon along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunat on a close scrutiny of the entire evidence led before it held that deceased Shravanlal Dharde died on account of the injuries sustained by him in the motor accident on 06.08.2002; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.M.P-230/8257; as the aboveoffending vehicte Truck on the date of the accident was insured with the National ^\ [Sii: !Si:- Insurance Company Limited and the Insurance C(wnpany 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 fited 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.1,500/- per month and Rs.18,000/- per annum. By deducting 1/3rd of the income of the deceased towards his personal e)qienses, the claimants' dependency was assessed at Rs.12,000/- per annum. By multiplying the annual dependency of Rs.12,000/- with the muttiplier of 13, the compensation was worked out to Rs.1,56,CUO/-, By awarding further sum of Rs.7,CX)0/- under other heads, the Tribunal awarded a total sum of Rs.1,63,000/- as compensation to the claimants for the death of deceased Shravanlal Dharde in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,63,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Smt. Somshukla Sarkar, tearned 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 his income at Rs.1,500/- per month and Rs.18,000/- per annum only; in selecting the lower multiptier of 13; and in awarding low compensation of Rs.1 ,63,000/- only. \tl ~y 7) Shri B.N. Nande, leamed counsel for respondent No.3 the National Insurance Company Limited, on the other hand, supported the avrard and contended that as the claimants coutd not establish any definlte and regutar income of deceased Shravanlal Dharde, the compensation of Rs.1,63,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 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 circunretances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9) Now, we shalt examine as to whether the compensation of Rs.1,63,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 10) True, the claimants pleaded that deceased Shravanlat Dharde used to earn Rs.7,000-8,000/- per month, the evidence led in that behalf was not of clinching nature. We gather from the claimants' evidence itself that the deceased was not in any regular employment. Though his occupation was that of a welder, he was not having any permanent shop. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimante' evidence about the income of the deceased. 11) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.1,50)/- per month and Rs.18,000/- per annum in the year 2002 is certainly on the lower side and requires reconsideration. 12) Considering that deceased Shravanlal Dharde was aged about 47 years on the date of the accident, we are of the opinion that he could have easily eamed Rs.70-75/- per day even by working as an unskilted labour. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs.2,000/- per month and Rs;24,0(X)/- per annum. 13) By deducting the usua! 1/3"' of Rs.24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/- per annum. 14) The multipller of 13 selected by the Tribunal considering that deceased Shravanlal Dharde was aged about 47 years on the date of the accident is appropriate in view of the recent 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 13 has been prescribed for the age group between 46-50 years. 15) By multiplying the annual dependency of Rs.16,OCKy- with the multiplier of 13, the compensation works out to Rs.2,08,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow. Theclaimants, thus, become "^. ">. ^y ^^. entitled to receive a totat sum of Rs.2,23,000/- as compensation for the death of deceased Shravanlal Dharde in the motor accident. 16) Learned counsel for the partles submitted that with a view to avoid any possible dispute between the parties about the period for which the claimants are entltled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself. 17) 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 quantity the amount of interest on the enhanced amount of compensation of Rs.60,000/-at Rs.6,000/-. 18) For the foregoing reasons, the appeal fited by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.1,63,000/- awarcled by the Tribunal is enhanced to Rs.2,23,000/- with further quantified amount of interest of Rs.6,000/- on the enhanced amount of compensation of Rs.60,000/-. 19) Respondent No.3 The National tnsurance Company Limited is granted three months' time for depositing the total sum of Rs.66,000/- (Rs.60,000/- towards enhanced amount of compensation + Rs.6,000/- towards quantified amount of interest 1 on the enhanced amount of compensation of Rs.60,000/-) before the concerning Claims Tribunal. 20) Noorder as to costs. - — sd/- Chief Jusdce Sd/- R.N. Chandrakar nimmi