HIGH COURT OF CHHATTSSGARH AT BILASPUR D!V!SION BENCH CORAM: HON'BLE GUPTA, CJ. HON'BLE SUNIL KUIVSAR SINHA, J. Mlscellaneous Appeai No.466 of 2003. Appeilants Ciaimants 1 Smt. Pancho Bai, widow of late Devanand Diwan, aged 20 years 2 Sanjay Nand, S/o iate Devanand, one month Appdlant No.2 minor through: Mother & natural guardian appeilant No.1 Smt. Pancho Bai Both resident of village Mudagaon, Teh Gariyaband, Distt Raipur (CG). At present resident of Rankadih, Teh Kurud, Distt. Dhamtari (CG) VERSUS ResDon_dents Non -- applicants 1 Hlralal; S/o Radheiai, aged 32 years 2 Bharat Lal, S/o Ram Khiiavan, aged 28 years Both resident ofviliage Kopra, Teh Rajim, Distt. Raipur (CG) 3 The New India insurance Co. Ltd., RDA Buiiding, Ralpur (CG) 4 Smt. Sakhantin Bai, W/o Kejuram, aged 70 years, resident of village Amethi, Teh. Rajim, Distt. Raipur Appeai under Section 173 of the Motor Vehicies Act ^, ^ ^ .•^^^^. 1 '<:£y^ t^?"' ^' Present: Shri Santosh Bharat, counsei for the appellants. ' Shri Roshan Dubey, counsel for respondents No.1 and 2. Shri Ajay Mishra, counsel for resoondent No.3. ORDER ^fh (10tnFebruary,2011) The t'oilowing order of the Court was passed by Rajeev Gupta, C.J. The - Linfortunats wldow and minor son of deceased Devanand Diwan are the appellants before us in this appeai for enhancement of the compensation awarded by the Additlonal Motor Accident Claims Tribunai, Dhamtari (for short 'the Tribunai') vide award dated 10.02.2003, passed in Claim Case No. 188/2002. 2) As against the compensatijon of Rs.8,00,000/- ciaimed by the appellants/ claimants, unfortunate widow and minor son of deceased Devanand Dlwan, by fiting a ciaim petition under Section 166 of the Moior Vehicles Act, for his dea.th in the motor accident on 04.04.2001, the Tribunai awarded a total.sum of Rs.2,02,000/- as compensatlon atong with interest @ 7.5% per annum from the date of filing of the ciaim petition till the date of actuai payment. 3) The Tribunal on a ciose scrutiny of the entire evidence !ed before it held that deceased Devanand Diwan died on account of the injuries sustained by him in the motor accident on 04.04.2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicie Jeep bearing registration ~^%.- /y- '^ I ^ .;,^s^ ^ i ^sy^ i 't ""»>' ..? J :^';;,-^ No.M.P.23/L-4431; as the above offending vehicle Jeep on the date of the accident was insured with the New India Insurance Company Limited and the insuranee Company could not establish any breach of the policy conditions; the Insurance Company was liable to pay compensation to the daimants. 4) As the respondents have not filed any appea! against the award, the above findings recorded by the Tribunai have now attained finaiity. 5) The Tribunai assessed the income of the deceased at Rs.100/- per day and Rs.2,600/- per month assuming that the deceased was getting work only for 26 days In a month. By deducting Rs.1,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.1,600/- per month and Rs.19;200/- per annum. By multiplying the annua! dependency of Rs.19,200/- with the multiplier of 10, the compensation was worked out to Rs.1,92,000/-. By awarding further sum of Rs.10,000/- under other heads, the Tribuna! awarded a totai sum of Rs.2,02,000/- as compensation to the ciaimants for the deafh of deceased Devanand Diwan in the motor accldent. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,02,000/- @ 7.5% per annum from the date of filing of the daim petition tlll the date of actual payment. 6) Shri Santosh Bharat, learned counsej for the appeiiants submitted that the Tribunai has erred in seiecting the lower r-y^ 1 ^v 1- muitipiier of 10; and in awarding low compensation of Rs.2,02,000/-only. 7) Shri Ajay Mishra, iearned counsel for respondent No.3, the New india insurance Company Limited, on the other hand; supported the award and contended that the compensation of Rs.2,02,000/- awarded by the Tribunat is just and proper compensation in the facts and circumstances of the present case. 8) Shri Roshan Dubey, iearned counse! for respondents No.1 and 2, the driver and owner of the offending vehicle Jeep, also supported the award. 9) In a motor accident clalm case, what is important is that, the compensation to be awarded by the Courts/Tribunals shouid 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. 10) Now we shal! examine as to whether the compensation of Rs2,02,000/- awarded by the Tribunal is just and proper compensation In the facts and circumstances of the present case. 11) On due consideration of the submissions of learned counsel for the parties and the evidence available on record, we are satisfied that the Tribunal has rightiy assessed the income of the deceased at Rs.2,600/- per month and the claimants' dependency at Rs.1,6007- per month and Rs.19,200/- per annum. 12) Nevertheless, the muitiptier of 10 selected by the Tribunal is certainiy on the iower side and requires reconsideration. ^^. ^ A "•:'-1^;% ^ 13) Considering the age of the deceased, his widow and their son, we are of the opinion that muitipiier of 15 would be appropriate in the present case. 14) By muitiplying the annual dependency of Rs.19,200/- with the muitipiier of 15 the compensation works out to Rs.2,88,000/-. By adding the further sum of Rs.10,000/- awarded by the Tribunai under other heads, the claimants become entitled to receive a total sum of Rs.2,98,000/- as compensation for the death of deceased Devanand Diwan in the motor accident. 15) Learned counsel for the parties submitted that with a view to avoid any possibie 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 quantified in this appeal itself. 16) Considering all the relevant aspects of the matter, we quantlfy the amount of interest on the enhanced amount of compensation of Rs.96,000/- at Rs.9,000/-. 17) For the foregoing reasons, the appeal fiied by the appellants/ claimants for enhancement of the compensation is ailowed in part. The compensation of Rs.2,02,000/- awarded by the Tribunal is enhanced to Rs.2,98,000/- with further quantified amount of interest of Rs.9,000/- on the enhanced amount of compensation of Rs.96,000/-. 18) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the totai sum of ,,;-^yi^^// ,^^; ^) '^ subbu Rs.1,05,000/- (Rs.96,000/- towards enhanced amount of compensation + Rs.9,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.96,000/-) before the concerning Claims Tribunal. 19) No order as to costs. i Sd/- Justice Sd/- SuniIKumarSinha Judge