HIGHCOURTOFCHHATTISGftRHATBILASRUR DIVISIONBENCH HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLESHRISUNILKUMARSINHA, Appellants Glaimants ai' Mis& ADDealNo.1215oT 1. Kunwar Singh s/o late Shri Puswa aged about 55 years. Caste Gond. 2. Sunita Bai, D/o Kunwar Singh, aged about 1©yeare, (Minor) thrdugh the Natural Guardian Rather. 3. Kunti Bai, D/o Kunwar Singh, aged about 7 years, (Minor) through the Natural Guardian Fathdr. The abQveapDeltants are resident of Village Jhaber^ Post Kudkal, Poliee Station Pendra, TahsilPendra RQad, districtBilaspur, (C.G.) VERSUS 1. Ramkymar, S/o h^lyan Singh aged about 35 years, Caste Gond, occypation Driver, village Jhaber Bharratoia, post Kudkai, Police Station Pendra, district Bilaspur i- -—.•....-....... .•.'.. • . 2. Badalsingh, s/o Shri Bagasram Gond, aged about 44 years, Caste Goi-id, R/o village Jhaber, Post Kudkai, Poiice Station : pendra, District Bilaspur(C.G.) ! 3, The Qrienfal Insurance ©ompany- l.imitesj, in front of Norma! SGhoo!, "'l ®ilaspur?CC.G.) . | . ; ;: ' ' Mjsc.ftpBeat underSection173 QfiyidtdrWehiclesAGt ResDondents Non-applicants Present: Sttri DashrathF'r^apati.counselfortHe •ss^ l;^,^-?lf3^ 5. 'tW'^!''' .•'sS'' "^^•S'SK'^'"' None for respondents No. 1 & 2. §hriB.D. Guru, Shri S.R.J. Jaiswal and Shri Varunendra Mishra, counsel for respondent No,3. (09m November,2010) The following order of the Court was passed by (%ajeevGupta,C.J. This is claimants' appea! for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Pendra Road (for short, 'the Tribunal') vide award dated \.' . ''.."•' 15.10.2003, passed in Ciaim Case No. 3372002. 2) As against tHe compensation of^Rs.1Q,26,400/- claimeci by the appellants/ claimants, unfortunate fatherand younger sisters of deceased Samantri Bai, by fiiing aclaim petition underSection 166 of the Motor Vehicles Act, for her death in the motor accident on 28.05.1999, the Tribunaf awarded a total sum of Rs.1,32;000/- 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 Tribuna! on a close serutiny of the entire evidence led before it held that deceased Samantri Bai died on accoynt ofthe injuries sustained by her in the motoraccidenton 28.05.1999; the accident occurred dye to rash arad negligent ciriving of the driver of the offending vetiicle Traetoi-Trolley jbearingl registration Nos.-'-M. P.-26E/7120 and M.P.-26E/7121, | res.pectively; as the above offending \fchiCle Tractor-Trolley ori the<iate ofthe accsident '^s?'33.'i:- •rf7.'"A' was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, th& Insurance Companywas liableto pay compensation totheclaimants. • 4) As the respondents have not fited any appeal against the award, the above findings recorded by the Tribunal have now attained finatity. 5) The Tribunal assessed the income"of the deceased at Rs.1,000/- per month and Rs.12,000/- per annum. By dedueting *l 1/3'° of Rs.12,000/- towards the personal expenses of the deceased, the claimants' dependentiy was assessed at Rs.8,000/- per annum. By multiplyinglhe annual dependency of Rs.8,OCM3/- with the multiplier of 15, ttie compensation was worked out to Rs. 1,20,000/-. By awarding further sum of Rs. 12,000/- under other heads, the Tribunal awarded a total sum of Rs.1,32,000/- as compensation to the clairnants forthe death of deceased Samantri Sai in the motor accident. The Tribunal further directed payment of interest on the above amount ofcompensation of Rs.1,32,000/- @ 6% perannum from the date of filing ofthe claim petition till the dateofactualpayment. _ 6) Shri Dashrath Prajapati, learned couhsei!f6r the.appellants submitted that the Trtbunal has erred in awarding low compensation of'Rs.1,32,000/- only. 7) SRri| B.D. iGuru, Shri S.R.J, Jaiswal and Sttri Varunendra Mishra, learned coynsel for respondent Na.3, the Qrie "-""?%. .--•a%t"!, ^M^^^te "1^&i^®^; •>*. as»-y Insurance Company Limited, on the other hand.supported the award and contended that astheclaimants could not establish any definite income of the deceased, the compensation of Rs.1,32,000/- awarded by the Tribunal is~just and proper compensation in the facts and circumstances ofthe present case. 8) Deceased .Samantri Bai was shown to be 16 years of age in her postmortem report. The claimants pleaded that she used to earn Rs,50/- cier day as labour. On (he date of the accident also she was in the offending vehicle Tractor-Trolley as labour, It has come in the evidence of claimantNo.1 Kunwar Singh, unfortunate father of deceased Samantri Bai that the deceased used to spent her entire income on fhe family. 9) The compensation of Rs.1,32,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features ofthe case, in our opinion, is somewhaton the lowerside and deserves to be enhanced to some extent. 10) Considering all the relevant aspectsofthe matter, we are of the opinion that further awardof Rs.15,000/- inclusiveof interest component on the enhanced amount of compensation would make the compensation of Rs.1,32,000/- awarded by the Tribunal as just and prqper compensation in the facts and circumstances of the presentcase. '-. 11) The appeal flled by the appellanls/ claimants for enhancement of the eompensation, therefQre, | is allowed in ,part. •a» . - i • ' : .'•..::' . . • ..:'': l' .:: :;'• The claimantsare.awaFded furthersymof Rs.'|5,000/-|inclusive6f sufebu interest componeht on the enhanced amount ofcompensation in addition to the sum of Rs.1,32,000/- awarded by the Tribunal. 12) Respondent No.3 the Oriental Insurance Company Limited is granted three months'. time for depositing the'total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No order as to costs. f Sd/- OuefJustice Sd/- Suni] Kumar Sinha ••^. Judge, / ~'7~~t--1-.-