y/:'^^\ 1 ^®^ 1? 'll N'l jesk' Ctaimants 1 Smt Rajobai, age !ate Biharilai a.bout 35 years, w/o ^.. 2 Tileshwar, age about 09 years, s/o late iharilal 3 Ku Neetu, age about 06 years, d/o iate 'ma, age Biharilai years, aleshwar, .age about 02 years, s/o iate 6 Agnibai, age about 55 years w/o Anka!uram 1!^. Appellant No.2 to 5 are minor through natural guardian mother Smt Rajobai, w/o late Biharilal, Caste - Gond Al! of them are resident of Vill Sheeragaon, PS and Tah Bhanupratappur, Distt - Noth Bastar Mon-apDlica 2 iegam, age about 4U years, w/o idrish, R/o New Market Gupta ChowR, Ward No.21, Dallirajhara, Tah Balod, Distt Durg (CG) Manoj Kumar age about 32 years, S./o Sukhlal Ahirey, R/o andhar, dlirajhara, Tah - Balod, Distt Durg (CG^ \ /• '•V7':; '.••:^^..~-\ ^;T.T^:L^^f^S R M.A.C. No.524of 2010 3 National Office Bila; '•'sn^ffi f^ jr (CG) Present : Shri Rakesh Shri Q Aziz No.3. Thakur, counsel for the appellants. and Shri P Dutta, counse! for respondent ?th The foilowing order of the Court v/as passs This is claimants' appeal for enhancement of the compensstion awarded by the Additionai Motor Accident Claims Tribunal, Bhanupratappur, district Kanker (for short 'the Tribunal') vide award dated 16.12.2009, passed in Claim Case No.124/2009. 2) As against the compensatlon of Rs. 11,29,0007- claimed by the appellants/clalmants, unfortunate widow, minor chiidren and mpther of deceased Biharilat by filing a cfaim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 28.01.2007, the Tribunal awarded a fotal sum of Rs.2,55,000/- compensation along with interest @ 6% per annum from the date of fiiing.of the clalrn petition till ths date of actual payment. 3) The Tribunal on a dose scrutiny of the entire evidence led before it held that deceased Biharilal died on account ofthe injuries iustained bv him in ifnr ?:;s^fif!?lnt nn ^R H1 '/OD7* "C^{ i l. y! S .i^-U.U t . 'iV-:WSWW^iS^fj^f:^ t .^ !.A.C.No.524of 2010 iccident occurred due to rash and neaiiaent drivina of the driver of is'a rcE'T'^nf^E! ;-C; Uil^ttUEif^ ¥^;)E No.CG-07 C/4234; as the above offending vehicle Mahendra up on the date of the accident was insured with the Nation; Insurance Cojnpany Limited and the Insurance Company could not establish any breach of the policy Company was liable to pay compensation to the ciaimants. 4) As the respondents have not filed any appeal against the a'A'ard, the above findlngs recorded by the Tribunal have nov/ attained finality. deceased at 5) The Tribunal assessed the incoms Rs.2,000./- per month and Rs.24,000/- per annum. By deducting 1/3 of Rs.24,000/- tov/ards the personal expenses o? the deceased, the claimants' dependency was assessed at Rs.16,000/- per annum. By multiplying the annual dependency of Rs.16,000/- with the multiplier of 15, the compensation was worked out to Rs.2,40,000/-. By awarding further sum of Rs.15,000/- under other heads, the Tribunal awarded a total sum of Rs.2,55.000/- as compensatlon to the daimants for the death of deceased Biharilal in the motor accident. The Tribunal further directed psyment of interest on the above amount of compensation of Rs.2,55,000/- 6% per annum from the date of the filing of the claim petition 6} Shri R; that il payment. ish Thakur, learned counsel for the a| the Trlbunal has erred in not accet lants claimants' evidence ,!< :-!m' R S^sass^ 1 ^^^^^K.?;^ ^4.A.C. No.524of 2010 assessing his income at Rs.2,000/- per month and Rs.24,000/- annum on!y; in deducting 1/3 in place of 1/4th ofthe income of deceased toy/ards his personal expenses; in selecting the lower i^H<£3S1 muitipller of 15; snd in Rs.2,55,000/- only. 7) Shri Q Aziz and Shri P Dutta, learned counsel for respondent No.3 the Nafional Insurance Company Limited, the snsurer of the offending vehicle Mahendra Pick-up on the other hand supported the awara' and contended that the compensation of Rs.2,55,000/-, awarded by the Tribunai is just and proper compensation In the facfs and circumstances of the case. 8) True, the ciaimants pieaded that deceased Biharilal used to earn Rs.100/- per day as Mason in addition to his annual income of is.42.000/- from agriculture, no cogent and reiiable evldence was !ed before the Tribunal for establishing the occupation of thi deceased as Mason and the fact that the deceased had any agricuitural land in the village at ail. !n this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the ciaimants' evidence about the income of the deceased and in assessing his income at Rs.2,000/- per month and Rs.24,000/- per .annum on its own estimate. 3) Nevertheless, the Tribunal certainly has erred in deductinc 1/3 of the income of the deceased towards his persona! expenses. Considering that all the six claimants who are widow, mlnor children and mother of deceased Biharila! were •t¥holiy dependent on the income of the deceased, we are of the opinion J.y @ .A.C. No.524of 2010 th that the Tribunai ought to have deducted 1/4'" of the income of the deceased towards his personal expens the claimants' dependency at Rs.18,< 1/4th of Rs.24,000/- towards the deceased. ;. 'We, therefore, assess per annum by deductine ionsi expenses or the 10) By multiplying the annual dependency of Rs.18,000./- with the multiplier of 15, selected by the Tribunal, the compensation works out to Rs.2,70,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards loss of consortium to the widow; and Rs.5,000/- for loss of estate. Ths claimants, thus, become entitled to receive a total sum of Rs.2,.85,000./- as compensation for the death of deceased Biharilal in the motor accident. 11) The claimants are further avi'arded a sum of Rs.3,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.30,000/- .12) For the foregoing reasons, the appea! filed by the appeliants/ claimants for enhancement of the compensation is aiiowed in part. The compensation of Rs.2,55,000/- awarded by the Tribunal is snhanced to Rs.2,85,000/- with further quantified amount of interest of Rs.3,000/- on the enhanced amount of compensation of 13) Respondent No.3 the National Insurance Company Limited is iranted t'nree months' time for, depositing the totat sum of ^; .A.C. No.524 of 2010 \ Rs.33 'Rs; enhanced arnou.nt of compensation + Rs.3,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.30,000./-) before the concemina Claims Tribuna!. ss to costs. Sd/- Chief Justice Sd/- R.N.Chandrakai- Judge padma