HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Misc. Appeal (Cl No. 491 of 2009 1 Tularam Sahu, s/o. Late Resham Lal, aged about 50 years. 2 Smt. Aghanmati, w/o. Tularam Sahu, aged about 45 years. Both r/o. Chhatamura Naka, near F.C.I. Godam, Raigarh, Tahsil and District Raigarh (CG). VERSUS Respondents 1 Manoj Kumar @ Chutu, s/o. Kunjram Sahu, aged about 21 years, occupation -Driver, r/o. Chhatamura Naka, near F.C.I. Godam, Raigarh, Tahsil and District Raigarh (CG). 2 Rishi Prakash Sharma, s/o. Late Rajkumar Sharma, aged about 38 years, occupation-Owner, r/o. Sahdevpali, Tahsil and District Raigarh (CG). Misc. Appeal under Section 173 of the Motor Vehicle Act. Present: Shri Goutam Khetrapal and Shri Rakesh Sahu, counsel for the appellants. Ms. Farah Minhaz, counsel for respondent No.2. ORDER (01stSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. .^^y^s^ C--4 ""^, "^ '^ y'i. i 1 •^^ y. -,;.^-y:" ,,::'^'' M.A.C. No. 491 of 2009. ({^ The unfortunate parents of deceased Ashok Kumar @ Asha Ram are the appellants before us in this appeal for enhancement of the compensation awarded by the 4 Additional Motor Accident Claims Tribunal, Raigarh (for short 'the Tribunal') vide award dated 23.12.2008, passed in Claim Case No.11/2007. 2) As against the compensation of Rs.13,82,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Ashok Kumar @ Asha Ram, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on 19.11.2003 on account of the injuries sustained by him in the motor accident on 18.11.2003, the Tribunal awarded a total sum of Rs.1 ,42,0007- 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 led before it held that deceased Ashok Kumar @ Asha Ram died on 19.11.2003 on account of the injuries sustained by him in the motor accident on 18.11 .2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G.13/ZC-0509; as the above offending vehicle Truck on the date of the accident was not insured at all, the driver and owner of the Truck were 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. IIIN » ;';^1:^. •^K', ^^ I. M.A.C. No. 491 of 2009. ^ 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 13, the compensation was worked out to Rs.1,30,000/-. By awarding further sum of Rs.12,000/- under other heads, the Tribunal awarded a total compensation of Rs.1,42,000/- as compensation to the claimants for the death of their son Ashok Kumar @ Asha Ram in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,42,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Goutam Khetrapal and Shri Rakesh Sahu, learned counsel for the appellants vehemently argued that the Tribunal has erred in not accepting the 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 ofRs.1,42,000/-only. 7) Ms. Farah Minhaz, learned counsel for respondent No.2, the owner of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.1,42,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) True, the claimants pleaded that their son deceased Ashok Kumar @ Asha Ram used to earn Rs.2,000/- per month by -—^ M.A.C. No. 491 of 2009. ^ working in a private shop ' Real Choice Cloth Store, Raigarh', the Tribunal assessed his income at Rs. 15,0007- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. 9) Even assuming the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum as pleaded by the claimants; the claimants' dependency would not be more than Rs.12,000/- per annum as 50% of Rs.24,000/- is required to be deducted towards his personal expenses considering that deceased Ashok Kumar @ Asha Ram on the date of the accident was unmarried and in view of the dicta of the Apex Court in the cases of Syed Basheer Ahamed and others Versus Mohammed Jameel and another reported in (2009) 2 Supreme Court Cases 225 and Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121; as the claimants are parents of the deceased, the appropriate multiplier in the case would not be more than 10 in view of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC-731; by multiplying the annual dependency of Rs.12,000/- with the multiplier of 10, the compensation would work out to Rs.1,20,000/-; by adding the further sum of Rs.12,000/- awarded by the Tribunal under other heads, the claimants would become entitled to receive a total sum of Rs.1,32,000/- as compensation for the death of their son .,.•:—^ ...--^ .'\ M.A.C. No. 491 of 2009. Ashok Kumar @ Asha Ram in the motor accident, which is less than the sum of Rs.1,42,0007- awarded by the Tribunal. 10) For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 11) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, fails and is hereby dismissed. 12) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu