HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Claimants Respondents Misc. Appeal No. 959 of 2006 1 Smt. Rekha Bai, widow of Kamal Dhimar, aged about 30 years, 2 Devendra Kumar, aged about 8 years, minor son of the deceased Kamal Dhimar, 3 Kumar Kamini Dhimar, aged about 6 years, minor daughter of the deceased. 4 Smt. Phekan Bai, aged about 50 years, widow of Gajanand Dhimar, old aged mother of the deceased Kamal Dhimar. (on behalf of both the appellants No. 2 & 3 who are minors, their mother Smt. RekhaBai.) (All are R/o Village Parsada, P.S. Mandirhasaud, Tahsil & Dist.Raipur VERSUS 1. Parasrampal, S/o Shyamlal Pal, Profession Truck Driver, R/o Santosh Nagar, Tahsil & Dist. Raipur, (CG) 2. Sunil Kumar Namdev, S/o Lekhumal Namdev, Profession truck driver, R/o lane No./4, Telibandha, Raipur (CG) 3 The National Insurance Comp Ltd, through the Divisional Manager, Divisional Office, Mobil Mahal, G.E. Road, Raipur, (CG) 4. Bandhul Chandrakar, S/o Tejram --^ -^ Chandrakar, R/o Nayapara Ward, Bagbahara, Mahasamund (CG) MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT.1988. Present: Ms Somsukla Sarkar, counsel for the appellants. None for respondents No.1, 2 and 4. Shri Raj Awasthi, counsel for respondent No.3. ORDER (28th April, 2011) 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 11 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 29th March, 2005, passed in Claim Case No.22/05. 2) As against the compensation of Rs.19,50,000/- claimed by the appellants/ claimants, unfortunate widow, minor children and mother of deceased Kamal Dhimar by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 31.01.2003, the Tribunal awarded a total sum of Rs.3,28,000/- as compensation to the claimants 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 led before it held that deceased Kamal Dhimar died on account of the injuries sustained by him in the motor accident on 31.01.2003; \^:y^' ^""••N^ the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G.04/ZC-3166; as the above offending vehicle Truck on the date of the accident was insured with the National 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.2,250/- ^er month. By deducting 1/3rd of Rs.2,250/- towards the personal expenses of the deceassed, the claimants' dependency was assessed at Rs.1,500/- per month and Rs.18,000/- per annum. By multiplying the annual dependency of Rs.18,000/- with the multiplier of 17, the compensation was worked out to Rs.3,06,000/-. By awarding further sum of Rs.22,000/- under other heads, the Tribunal awarded a total sum of Rs.3,28,000/- as compensation to the claimants for the death of deceased Kamal Dhimar in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,28,000/- @ 6% per annum per annum from the date of filing of the claim petition till the date of actual payment. ./..-—. "'^ . ,i 1 6) Ms Somsukla Sarkar, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.2,250/- per month only; and in awarding low compensation of Rs.3,28,000/- only. 7) Shri Raj Awasthi, learned counsel for respondent No.3, the National Insurance Company Limited, the insurer ofthe offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.3,28,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) True, the claimants pleaded that deceased Kamal Dhimar used to earn Rs.5,000/- per month by working as Clerk in Heera Transport and Rs.3,000/- as Electrician, no cogent and reliable evidence was led before the Tribunal to establish the income of the deceased to that extent. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income ofthe deceased. 9) Nevertheless, the income of the deceased assessed by the Tribunal in the year 2003 at Rs.2,250/- per month is certainly on the lower side and requires reconsideration. 10) Considering that deceased Kamal Dhimar was aged about 35 years on the date of the accident, we are of the opinion that he could have easily earned Rs.100-125/- per day even by working as an unskilled labour in the year 2003. We, therefore, ^-^ •!y ^ 4. '%&»£.& si '% ' ^ ^ /•' ^ propose to recompute the compensation taking the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. 11) By deducting the usual 1/3rd of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.24,000/- per annum. 12) Considering the age of the deceased, his widow, children and mother, we are of the opinion that multiplier of 15 would be appropriate in the present case. 13) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 15 the compensation works out to Rs.3,60,000/-. 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.3,75,000/- as compensation for the death of deceased Kamal Dhimar in the motor accident. 14) The claimants are awarded further sum of Rs.4,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.47,000/- 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.3,28,000/- awarded by the Tribunal is enhanced to Rs.3,75,000/- with further quantified amount of interest of Rs.4,000/- on the enhanced amount of compensation of Rs.47,000/-. —-"'^•^' ^:-'\ '"^: <! ',&„. .'...-. 't. t^"3<ili?i B? '"^'fl ^ .(^< 16) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.51,000/- (Rs.47,000/- towards enhanced amount of compensation + Rs.4,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.47,000/-) before the concerning Claims Tribunal. 17) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma