HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON^BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. Miscellaneous Appeal (C) No.1651 of 2008 Appellants Ctaimants 1 Smt Chandravati, Age 26 years, Widow of Late Jagatram Seth 2. Ku. Rajkumari, Age 10 years (Mlnor), D/o Late Jagatram Seth 3 Uttar Kumar, Age - 08 years (Mlnor) S/o Late Jagatram Seth 4 Ku. Fhoolkumari, Age - 06 years (Minor) D/o Late Jagatram Seth 5 Ku. Preeti Age 04 years, (Minor), D/o Late Jagatram Seth 6 Chetan Seth, Age 60 years, S/o Shri C Seth 7 Smt Chitro Bai, Age 58 years W/o Shri Chetan Seth Appellant No.2 to 5 are minor Son and daughter of the appellanS No.1 and deceased & are being represented by the appellant No.01 mother in relation. All the above appellants are R/oVillage Teka, PS Pithora, Tahsil & Distt Mahasamund (CG) VERSUS 9 Respondents Non-applicants Surjeet Singh, Age 25 years, S/o Shri Kasmira Singh, R/o Kashinagar, Telibandha PS Telibandha, Raipur, Dlstt Rajpur (CG) (Driver of offending Truck No.CG 04/J/2713) Gagandeep Singh, Age 25 years S/o Shri Keshar Sjngh, R/o Satnam Road Carrier. ^) ^ Telibandha, PS Telibandha, Ralpur, Distt Riapur (CG) (Owner of offending Truck No. No.CG 04/J/2713) 3 The New India Insurance Company Limjted, BO DMsfonal Office at Madina Building Jail Road, Raipur Distt Raipur (Insurance Company of offending Truck No.No.CG04/J/2713) Memo of Misc Appeal under Section 173 of the Motor Vehicle Act Present: Shri JA Lohani, counsel for the appellants. None for respondents No.1 & 2though served. Shri P Dutta, counsel on behalf of Shri Sudhir Agrawal, counsel for respondent No.3. ORDER (9tn September, 2008) The following order of the Court was passed bf Rajeev Gupta, CJ. This is claimants' appeal for enhancement of the compensatSon awar^ed by the Motor Accident Claims Tribunal, 'Mahasamund (for short, 'the Tribunal') vide award dated 19.06.2008 passed in Clajm Case No.161/2007. 2) Asagainst the compensation of Rs.18,20,000/-, claimeel by the appellants / ctaimants, unfortunate widow, minor ohildren and parents of deceased Jagatram Seth by filing a claim petition under Section 166 of the Mcrtor Vehicles Act for his death in the motor accident on 05.11.2007, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation along wlth interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3 3) Shri JA Lohani, leamed counsel for tfie appellants submttted that the Tribunal has erred in selecting the lower multiplier of 12 and in awarding low compensation of Rs.2,92,000/- only. 4) Shri P Dutta, appearing on behalf of Shri Sudhir Agrawal, learned counsel for respondent No.3 New India Insurance Company Limited on the other hand supported the award and contended that the compensation of Rs.2,92,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 5) The Tribunal assessed the income of the deceased at Rs.3,000/- per month, though the claimants pleaded that the deceased used to earn Rs.4,500/- per month and was also getting daily altowance of Rs.50/-per day. By deducting 1/3rd of Rs.3,000/- towards the personal expenses of the deceased, the ciaimants' dependency was assessed at Rs.2,000/- per month and Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 12, the compensation was worked out to Rs.2,88,000/-. By awarding Rs.2,000/- towards funeral expenses and Rs.2,000/- for loss of consortium to the widow, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Deceased Jagatram Seth was aged about 28 years on the date of the accident, as was shown in the postmortem report also. His widow, claimant No.1 Smt Chandravati was shown to be 26 years of age in the claim petition. Considering the age of the ^v deceased and his widow, we are of the opinlon that multiplier of 16 would be appropriate in the present case. 7) 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 consortium to the widow; and Rs.5,000/- for loss of estate. The clalmants, thus, become entttled to receive a total sum of Rs.3,99,000/- as compensatlon for the death of deceased Jagatram Seth in the motor accldent. 8) Learned counsel for the parties submltted that with a view to avoid any possible dispute between the parties 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 quantifled in this appeal itself. 9) Considering all the relevant factors 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 delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.1,07,000/- at Rs.8,000/-. 10) For the foregoing reasons, the appeal fiied by the appellants/ claimants for enhancement of the compensation is allowed in part. The Compensation of Rs.2,92,000/- awarded by the Tribunal is enhanced to Rs.3,99,000/- with further quantified amount of interest of Rs.8,000/- on the enhanced amount of compensation of Rs.1,07,000/-. padma ^ - 11) Respondent No.3 The New India Insurance Company Limited is granted three months' time for depositlng the sum of Rs.1,15,000/- (Rs.1,07,000/- towards enhanced amount of compensation + Rs.8,000/- towards interest on the enhanced amount of compensation of Rs.1,07,000/-) before the concerned claims Tribunal. 12) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge ^ ^