1 Qig - J@o2w? /, HE$H CO&RT OF CHHATTISGARH ix? §EIA$PE§R / WWSEON BEI‘éCEé Qotam : WEN‘BLE $HR§ RAJEEV GijP‘i’A, $.J. & H$W§LE S%§RE TE. 3%ARMA, a“. Méga. Appeai NQ£53 of 29M PxPPELk§§€S ’1. Ram Bai Naraway, Wfo Late Shandmah .l I aged au-auL IA $ 36 yaars 2. Kumari Tames'hwari. D/o Chanauiaé. age 1’? years. 3‘ Rahui Kumar S/o Lam Chanduiaa, aged 3 yearg. Appeliant No.2 and 3 Through Naturai Guardéam Mather, Rahibai Naraway Wfo Chanduia} R/o V‘mage Funda, RS. Ranchirai, Tahsil Durg Gunderdehi, Distt‘ (Chhamsgarh) Versus 7/_ Santosh Kumar alias Prakash. Sm Koduram Rfo ViHage Potiya, Tahsi! & Dis‘ii Durg (C.G.) 2. Smt. Ranjeet Kaur W/o Amarjeet Smgh, aged 45 yearga, Rfc; Santrabad§, Durg Di‘stt. 3mg (Chhattisgarm 3. The New India insurance Company Limiied, Threugh Branch Manager, Parak Bhawan, Station Raaei Durg, Distt. Burg (C.G.) 4. Sun‘a Bai Wm Matitai, age 55 years, R/s Wiage Kaneri, Tham Gurur, Disti. Durg (Chhattisgarh) RES?ONBENT$ xm (Appeai Lander Section 1T5 of the Meter Vehicies Act. @88) :u ?resen§;: 8hr} Santosh Yadu, counsei far the appellants None for respenciente NM .2 am 4 though seemd. Sm Raj Awas'zhé, ceurtsei f0{ responcéem No.3. {28m a oftober! D E R 299.9; The feliewing Order of the Court was passed by Rajgev Gapm, Ci: This is ciaimanis’ appeai for enhamement 0f the campensatmn awarded by ihe Fiyst Additiona§ Meter Accident Ciaims Tribunai, Qurg (for short ‘the Tribuna?) vide award dated $122963, passed in Ciaim Case Na? 1?/2002. 2) As against the compensation of Rs;23,15,000/— claimed by the appeiiants f ciaimants, unforiunate widow; mine? chihjren and mother sf deceased Chanduia! by fiiing a eiaim petition under Seeiien 186 0i ihe Motor Vehiciee Aci for hie death in the motor aecicient on 28.Q5.2002, the Tribunai awarded e totai sum of Rs.1,78,£)OG;’— as cempensation aiong with interest @ 9% per annum, in the event of the insurer’s failure to pay the amount oi eompeneation ‘io the ciaimants within one month of the passing of the award. 3} Shri Santoeh Yaciu; ieerned oounsei for the aopeiiants submitted that the Tribunai has erred in not accepting the oiaimente’ evidence about the income of the deceased and in awarding tow compensation of Rsi ,78,00Q/’- oniy. 4) 3hri Raj Awaethi, teamed counsel for respondent No.3f New e indie insurance Company Limited, on the other hand, supported the award and contended that as the cieimants could not establish the income of the deceased as pleaded by them; the H \wneation of Rst ,78,QOG/— awarded by the Tribunet is just and L proper compensation in the facts and circumstances of the present case. 5) Ae the respendenis have not fiied any appeal against the award, ihe findings recorded by the Tribuna{ that cieceased Chandutai died on account of the injuries sustained by him in the meter accident on 23052002; the accident occurred due to rash and negiigent driving of the driver of the offending vehicie Truck; and as the offending vehicie Truck on the date of the accident was insured with the New indie insurance Company Limited, the insurance Company was Eiabie to pay compensation to the ciaimants; have new attained finaiity. That apart; these Findings are not under chaiienge before us in this appeal. We, therefore, affirm the above findings recorded by the Tribunai. 6} in a motor accident ciaim case What is important is that the compensation to be awarded by the Courts fi'ribunai should be just and proper compensation in the facts and circumstances of the case. it shouid neither be a meager amount of compensation nor a bonanza. 7) New, we snail examine as to whether the compensation of Rs‘1,78;OODX— awarded by the Tribunai ”is just and proner compensation in the facts and circumstances of the present case. 8i True, the claimants pieaded that deceased Chanduiai used to earn Rs.i50 - 200!— per dayiby seiiing vegetabiesy ice and bread, the evidence led in that behalf was not of clinching nature. We, therefore, do not find any infirmity in the approach of the o v‘ jigseg, g Tribuna! in discarding the ciaimants’ evidence abcut the income‘of the deceased. Q) Nevertheiess; the income 0f the deceased assessed by ihe Tribuna! at Rs.15;060/— per annum is certainly on the lower side and requires reconsidemtion. 10) Section 163 — A of the Act where-under the Second Schedme was introduced in the year 1994 reeds as foiiews : “i163 A. Special provisiane as t0 paymeni of comeensation on siructumd formula basis —— - (1) Natwiihstanding anything contained in this Act or in any other iaw for the time being in force or instrument having the force of law, the owner of the motor vehioie or the authorized insurer shalt be liabie to pay in the case of death or permanent disabiement due to accirient arising out of the use of motor vehicie, oomoensation, as indicated in the Second Schedule, to the iegai heirs or the victim. as the case may be. Expianation —— For the purpoees of this Sub- Section; “permanent disability“ shail have the same meaning and extent as in the Workmen‘s Compeneation Act, i§23 (3 of i923). (2) in any ciairn for compensation under $ub—Section (1), the ciaimant shaii not he required to piead or establish that the death or permanent disablement in respect of which‘the claim has been made was due to any wrongfui act or negieot or defauit of the owner ct the vehioie or vehicies concerned or of any other person. fre U1 (3) The Central Government may, keeping in View the cost of living by notification in the Official Gazette, fmm time i0 time amend the Seccnci Schedule.” ii) The above quoted Sub-Section (3) of Section 163 - A of the Act manoiaied the Central Government to amend the Second Schedule from time to time keeping En view the cost of living. i2) As the Centrai Government has failed in amending the Second Schedule ae provided in Sub-Section (3) of Section i63—A of the Act, the Courts / Tribunal can take iudiciai notice of increase in the prices of essentiai commoditiee and the cost of living during the period between the introduction of the $eoond Schedule in the year 1994 and the date of accident in the given case. 13} Now reverting to the present case, the accident in the present case wherein deceased Chandulai iost his life took place in the year 2002. if the increase in the prices cf the eesentiai cemmodities and the cost of livmg between the year 1994 and 2002 are taken into consrderat‘on the notional income of Rs.i5,00G/— prescribed in the year 1Q94 wouid certainty come to Rs.30,000/— in the year 2602. We, thereicre, propose to re-compute the compensation taking the’income of the deceased at Rs.30,GQO/— per annuml t4)‘ Bt dedu mg 1W“ of Rs 30 OQQI— towards he personal expenses of the deceased, the claimants’ dependency is assessed at Rs.2t170i30!- per ennum. L 15} Considering the age of the deceased and his widow, We are (3f irhe opmion that the muitipiier of $5 wouid be appropriate in ‘the present case. 16) By multipiymg the annuai dependency of Rs.20;UOO/- with the mumplier of 15, the compensatien werks out to Rs.3,G0,00D/-. By awarding further sum of Rs.5,000/- towards funerai expensee; Rs.5,0QGI- for ioss of estate and Rs.5,DC}0/- for loss of consortium to the widow, the claimants become entitled to receive a total sum of Rs.3,15,0601— as oompensetfon for the death of deceased Chandulai in the motor accident. t7) Learned counsel for the parties submitted that with a View to avoid any possibie dispute between the parties about the period for which the ciaimahts are entitied to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeai itseif. t8)- The accident in the present case wherein deceased Chanduiai lost his iife took ptace in the year 2002; the claim petttion was filed by the claimants in the year 2002; the impugned award was passed by the Tribunal in theuyear 2003; the present appeai was filed by the appellants/ claimants for enhancement of the compensation in the year 2004; and the appeal is being finatiy decided in the year 2009. Considering all the reievant factors inciuding the deiay in disposai oi the c aim petition and the present appeai and the tact that the ineutance Company alone is not to be hiamed for the entire deiay in the matter, we quantify the amount a sf interest on the enhanced amount of compensation of R831 ,37‘OOOI— at R$.14,000/-. w} For the foregoing reasons, the appeal med by the appeiiants/ daimants for enhancement of the compensation is aiiowed in part. The compensation of Rs.1,78,000/- awarded by the Tribune: ie enhanced to Rs.3,15,000/- with further quantified amount of interest of Rs.14,GOO/— on the enhanced amount of compensation of Rs.’i ,37,0GO/—. 20) Respondent No.3 the New india insurance Company Limited is granted three months’ time for depositing the totai sum of Rs.1,51.,OOO/- (Rs.1,37,000l— towards enhanced amount of compensation + Rs.14,000/— towards the quantified amount of interest on the enhanced amount of compensation of Rexi ,37,000!-) before the concerning Ciaims Tribunai‘ \ i i No order as to costs. 11 7‘L-MM i 3d/_ i u i Sd/- Chief Justice r ‘T.P. Sharma ”,Judge a e t, Judge,