. j.JBJL) jXl»UJ.Mif«E.-!r-!(!UBIIlunnlin—ITF1alWatWI-:. ^j^l^ia^^a^ttS^.iw:I.awasiK^- S15-3ES? HIGH COURT OF CHHATTISGARH AT BILASPUR v . DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Misc, Appeal No. 726of 2005 Appellants Respondents Non-applicants 1. Smt. Shashi Agrawal, aged about 39 years, widow of late Shri Vijay Kumar Agrawal, occupation Housewife. 2. Chetanya Agrawal, aged about 17 years, minor son of late Shri Vijay Kumar Agrawal. : 3. Ku. Chetna Agrawal, aged about 15 years, minor son of late Shri Vijay Kumar Agrawal. 4. Smt. Nevrati Bai, aged about 59 years, wife ofMisri Prasad Agrawal. 5. Misri Prasad Agrawal, aged about 63 years, s/o late Shri Moolchand Agrawal On behalf of minor appellants 2 and 3 the appellant No.1 Smt. Shashi Agrawal mother natural guardian. All residents of Village Charoda, Post and P.S. Dharsinwa, Tahsil and Distt. Raipur C.G. VERSUS 1. Salim @ Samimuddin, aged about 28 years, occupation Bus Driver, R/o Tikrapara, Bilaspur district Bilaspur C.G. 2. Mohammad Hasan Khan s/oShri Ali Ahmed Khan, occupation Bus Owner. Infront of Hotel Anand, Bus Stand Road Pandariya, district Kawardha C.G. 3. The New India Insurance Co. Pvt. ^^ ^ ^^- •••^. I 1 '•fc. s^ ~^~ Ltd. through Divisional Manager, Divisional Office, Kachahri Chauk, Jait Road, Raipur C.G. 4. Sudarshan Kumbhhar, aged about 27 years, S/o Shri Parsuram Kumhar, ocGupation Car Driver, resident of Telibandha, Raipur, Distt. Raipur C.G. 5. Santosh Kumar Dubey, s/o late Shri Shyam Narayan Dubey, Car Owner, Resident of Qr. No. 73, Anand Nagar, Raipur C.G. hflemo of appeal under Section 173 of the Motor Vehicles Act. Present: Shri A.L. Singraul, counsel for the appellants. Shri Shree Kumar Agrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.3. ORDER (2nd May, 2011) The following order of the Court was passed by RajeevGupta, 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 17.03.2005, passed in Claim Case No.49/2004. 2) As against the compensation of Rs.97,00,000/- claimed by the appellants/ claimants, unfortunate widow, minor children and parents of deceased Vijay Kumar Agrawal, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 17.07.2003, the Tribunal awarded a total sum of Rs.6,88,112/- as compensation along with interest @ 9% per annum ^^^.^^^i^ ''•^•^,-. 1 ^ '*SS:£e§, •M^^M^^ 7MSS-^-x^>- in the event of the insurer's failure to deposit the amount of compensation within one month ofthe passing ofthe award. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Vijay Kumar Agrawal died on account of the injuries sustained by him in the motor accident on 17.07.2003; the accident occurred due to rash and negligent driving of the driver ofthe offending vehicle Bus bearing registrationNo.CG-09/ZA-0102; as the above offending vehicle Bus on the date of the accident was insured with the New India 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.75,936/- per annum. By deducting 1/3rd of Rs.75,936/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.50,624/- per annum. By multiplying the annual dependency of Rs.50,624/- with the multiplier of 13, the compensationwas worked out to Rs.6,58,112/-. By awarding further sum of Rs.30,000/- under other heads, the Tribunal awarded a total sum of Rs.6,88,112/- as compensation to the claimants for the death of deceased Vijay Kumar Agrawal in the motor accident. The Tribunal further directed payment of interest on the above amount of • {-ai^^NW^ '-'s WKSaKS^jS'a.^wlt^^ compensation of Rs.6,88,112/- @ 9% per annum in the event ofthe insurer's failure to pay the amount of compensation to the claimants within one month of the passing of the award. 6) Shri A.L. Singraul, learned counsel for the appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs.75,936/- per annum only though the gross-income of the deceased shown in the income-tax return (Ex.P/12) for the assessment year 2002-2003 was Rs.1,24,366/-; in selecting the lower multiplier of 13; and in awarding low compensation of Rs.6,88,112/-only. 7) Shri Shree Kumar Agrawal, learned Senior counsel with Shri Anand Gupta, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Bus, on the other hand, supported the award and contended that the compensation of Rs.6,88,112/- 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 circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9) Now we shall examine as to whether the compensation of Rs.6,88,112/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. l;*'Ss-i-'1. '•.; -<"' 10) Deceased Vijay Kumar Agrawal was aged about 46 years on the date of the accident. He was working as Sales Manager in Alstom Ltd., posted at Raipur. In his income-tax return (Ex.P/12) for the assessment year 2002-2003, which was filed under the signatures of deceased Vijay Kumar Agrawal himself, his gross- income was shown as Rs.1,24,366/-. The above income-tax return further reveals that an amount of 13.873/- was payable as income- tax on the above income of the deceased. The Tribunal, in our opinion, ought to have assessed the income of the deceased by deducting the amount of income-tax from the gross-income of Rs.1,24,366/- shown in the income-tax return. We, therefore, propose to recompute the compensation taking the income of the deceasedatRs.1,10,493/-(Rs.1,24,366/- - Rs.13,873/-). 11) By deducting the usual 1/3rd of Rs.1,10.493/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.73,662/- per annum. 12) Themultiplier of 13 selected by the Tribunal considering that deceased Vijay Kumar Agrawal was aged about 46 years on the date of the accident, is appropriate in view of the 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. 13) By multiplying the annual dependency of Rs.73,662/- with the multiplier of 13 the compensation works out to Rs.9,57,606/-. 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 daimants, thus, become entitled to receive a total sum of Rs.9,72,606/- as compensation forthe death of deceased Vijay Kumar Agrawal in the motor accident. 14) The enhanced amount of compensation of Rs.2,84,494/- shall carry interest @6% per annum from the date of filing of the claim petition till the date of actual payment. 15) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.6,88,112/- awarded by the Tribunal is enhanced to Rs.9,72,606/-. Theenhanced amount ofcompensation of Rs.2,84,494/- shall carry interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 16) No order as to costs. Sd/- Chief Justice subbu Sd/- N.K.AgarwaI Judge