--T:-. A.p. l^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEVGUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (Q No. 102 of201_0 u\ Appellants Claimants 1. Manorama Dubey, aged about 30 years, wd/o late Angad Dubey. 2. Kumari Kriti Dubey, aged 10 years. 3. Kumari Kritika Dubey, aged 7 years. 4. Shiv Shanker Dubey, aged Syears. (Serial No. 2 to 4 are daughters of late Angad Dubey, through natural guardian mother Manorama Dubey w/o late Angad Dubey, All resident of Gaji Nagar, Jawahar Lal Nehru Ward, Birgaon, Raipur C.G. VERSUS Respondents ^' Ravinder Sahu s/o Jhagdu Sahu, aged about 23 years, resident of Nawagaon, Shahbajpur, P.S. Shivhar (Bihar) At present residing at House No.7, Sarvoday Nagar near Chhattisgarh Public School, Hirapur, Tatibandh, RaipurC.G. (Driver TruckNo. C.G.04 JA 4898) Smt. Jaspal Kaur w/o Jagdish Singh, r/o 17 Sarvoday Colony, Hirapur, Tatibandh, near Chhattisgarh Public School, Hirapur, Tatibandh, Raipur C.G. (Owner Truck No. C.G.04 JA 4898) Reliance General Insurance Company Limited, through its Branch Manager, Shop No. 412-413, Fourth Floor, Ravi Bhawan, Jai Stambh Chowk, Raipur C.G. Misc. Appeal (C) No. 102/2010 ^Tw (Insurance Company of Truck No.C.G.04 JA 4898 - Policy No.2303782334003243, period from 14.9.08to13.9.2009) Misc. Appeal under Section 173 ofthe MotorVehicle Act Present: Shri Rakesh Anthony, counsel for the appellants. Shri S.S. Rajput and Shri Brijesh Singh, counsel for respondent No.3. ORDER (29th July, 2011) The following 6rder of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the 10 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 20.10.2009, passed in Claim Case No.85/2009. 2) As against the compensation of Rs.27,44,000/- claimed by the appellants/ claimants, unfortunate widow and minor children of deceased Angad Dubey, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 31.10.2008, the Tribunal awarded a total sum of Rs.3,24,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a clbse scrutiny of the entire evidence led before it held that deceased Angad Dubey died on account of the injuries sustained by him in the motor accident on 31.10.2008; Misc. Appeal (C) No. 102/2010 the accident occurred due to rash and negligent driving of the driver of the ofyending vehicle Truck bearing registration No.CG- 04JA/4898; as the above offending vehicle Truck on the date of the accident was insured with the Reliance General 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.3,000/- per month ahd Rs.36,000/- per annum. By deducting 1/3 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 13, the compensation was worked out to Rs.3,12,000/-. By awarding further sum of Rs.12,000/- under other heads, the Tribunal awarded a total sum of Rs.3,24,000/- as compensation to the claimants for the death of deceased Angad Dubey in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,24,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Rakesh Anthony, learned counsel for the appellants submitted that the though Tribunal has rightly assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- Misc. Appeal (C) No. 102/2010 v per annum and the claimants' dependency at Rs.24,000/- per annum, the multiplier of 13 selected by the Tribunal is too low considering that deceased Angad Dubey was only 33 years of age on the date of the accident. 7) Shri S.S. Rajput and Shri Brijesh Singh, learned counsel for respondent No.3, the Reliance General Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.3,24,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Though, learned counsel for the appellants has not challenged the assessment of the income of the deceased at Rs.36,000/- per annum and the claimants' dependency at Rs.24,000/- per annum, we have examined the record for our satisfaction and we are satisfied that the Tribunal has rightly assessed the income of the deceased at Rs.36,000/- per annum and the claimants' dependency at Rs.24,000/- per annum, by deducting the usual 1/3rd of the income of the deceased towards his personal expenses. 9) Nevertheless, the multiplier of 13 selected by the Tribunal is certainly on the lower side and requires reconsideration. 10) Considering that deceased Angad Dubey was aged about 33 years on the date of the accident, we are of the opinion that multiplier of 16 would be appropriatein the present case in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) 5 Misc. Appeal (C) No.102/2010 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. 11) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 16, the compensation works out to Rs.3,84,000/-. 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. The claimants, thus, become entitled to receive a total sum of Rs.3,99,000/- as compensation for the death of deceased Angad Dubey in the motor accident. 12) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal about the period for which the claimants are entitled 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. 13) 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.75,000/- at Rs.7,000/-. 14) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.3,24,000/- awarded by Misc. Appeal (C) No.102/2010 the Tribunal is enhanced to Rs.3,99,000/- with further quantified amount of interest of Rs.7,000/- on the enhanced amount of compensation of Rs.75,000/-. 15) Respondent No.3 the Reliance General Insurance Company Limited is granted three months' time for depositing the total sum of Rs.82,000/- (Rs.75,000/- towards enhanced amount of compensation + Rs.7,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.75,000/-) before the concerning Claims Tribunal. 16) No order as to costs. Sd/- Chief Justice nimmi Sd/- R.N. Chandrakar Judge