W Distt. Raipur. 3. The New lndia Insurance Company Ltd. Through Divisional Manager, Divisional Office, Kachahari Chowk, Raipur (C.G.) Miscellaneous aggal under Section 173 of the Motor Vehicles Act, 1988 ' Present: Shri A.L. Singraul, learned counsel for the v appellants. ' ‘ Shri Amiyakant Tiwari, learned counsel for respondents No. 1 & 2. .Shri Sudhir Agrawal, learned counsel for respondent - No.3. ORDER (26m August. 201,0) 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 Fourth Additional Motor Accident *' " w h K Claims Tribunal, Raipur (for short ‘the Tribunal’) vide award dated ; 04.1 1 .2003, passed in Claim Case No.16712002. 2) p As against the compensation of R521 ,20,000l- claimed by - the appellants/claimants, unfortunate widow, minor children and mother of deceased Dhalu Ram Sahu, by filing a claim petition: under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 11.07.2002, the Tribunal awarded a total sum of Rs.1 ,51 ,250/- 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 close scrutiny of the entire evidence ‘ed before it held that deceased Dhalu Ram Sahu died on accounf of the injuries sustained by him in the motor accident on 11.07.2002; the accident occurred due t9 rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G.06/9603; as the offendingyehicie-Truck on the date of the accident was insured with the New india insurance Company Limited, the insurance Company was iiable to pay compensation to the ciaimants. 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.15,000{- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. By deducting Rs.3,750/- per annum towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.11,250f— per annum; By multiplying the annual dependency of Rs.11,250!— with the multiplier of 13, the compensation was worked out to Rs.1 ,46,250/—. By awarding further sum of Rs.5,000/- under other heads, the Tribunal awarded a total sum of Rst1,51,250l- as compensation to the claimants for the death of deceased Dhalu Ram Sahu in the motor accident. The Tribunal further directed ’ payment of interest on the'above amount of compensation of /if’ww/ /_rt a ,/ s JV Rs.1,51,250/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri A.L. Singraul, learned counsel for the appellants, submitted that the Tribunal has erred in not accepting that claimants’ evidence about the income of the deceased and in assessing his income at Rs.15,000/- per annum only; and in awarding low compensation of Rel ,51 ,25OI- only. 7) Shri Sudhir Agrawal, teamed counsel for respondent No.3 the New lndia insurance Company Limited, on the other hand, supported the award and contended that as the claimants could not establish the income of the deceased as pleaded by them, the compensation of Rs.1,51,250/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri Amiyakant Tiwari, learned counsel for respondents No.1 & 2,‘ the driver and owner of the offending vehicle Truck also supported the award. 9) ln 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 circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 10) Now we shall examine as to whether the compensation of Rs.1,51,250l- awarded by the Tribunal is just and proper ' compensation in the facts andcircumstances of the present case. 11) The claimants pleaded that deceased Dhalu Ram Sahu used to earn Rs.8,000/- per month by selling fertilizer. The evidence led by the claimants about the income of the deceased, however, was not of clinching nature. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants’ evidence about the income of the deceased. > 1 2) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/— per annum in the year 2002 is certainly on the lower side and requires reconsideration. 13) Considering that deceased Dhalu Ram Sahu was aged about 45 years, we are of the opinion that he could have easily. earned Rs.80-90/- per day in the year 2002 even by working as ; an unskilled labour. We, therefore, propose to recompute the ' compensation taking the incometaof the deceased at Rs.2,5GO/- per month and Rs.30,000/- per annum. 14) By deducting the usual 1/3'“ or Rs.3o,ooo/- towards the personal expenses of the deceased, the claimants‘ dependency is assessed at Rs.20,000/- per annum. 15) Considering the age of-the deceased, his widow, their children and mother of the deceased, we are of the opinion that multiplier of 12 would be appropriate in the present case. 16) By multiplying the annual dependency of Rs.29,000/— with the multiplier of 12, the compensation works out to Rs.2,40,000/-. The claimants are further entitled to receive Rs.5,000/— towards ‘ funeral expenses; Rs.5,000/- for loss of consortium to the widow; f and Rs.5,000!- for loss of estate. The claimants, thus, become entitied to receive a total sum of Rs.2,55,000l- és compensation for the death of deceased Dhalu Ram Sahu in the motor acciaent. 17) Leamed counsel for the parties submitted that with a View to avoid any possibie dispute between the parties about the period for which the ciaimants 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. 18) Considering all the relevant aspects of the matter including the deiay 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.1 ,v03,750/- at Rs.1 7,250/—. 19) For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is ailowed in part. The compensation of Rs‘1,51,250l- awarded by the Tribunal is enhanced to Rs.2,55,000/— with further quantified amount of interest of Rs.17,250/— on the enhanced. amount of compensation of Rs.1 ,03,750/-. 20)_ Respondent No.3 The New India insurance Company Limited is granted three months’ time for depositing the total sum of Rs.1,2t,000/— (Rs.1,03,750/- towards enhanced amount of compensation + Rs.17,250/-.. ' towards quantifted amount of interest 0n the enhanced amount of compensation of Rs.1 ,03,750/-) before the concerning Claims Tribunal. Sdl- ERN. Chandrakar Judge :