"%. ILI Ciaimants 977 of 2 1. Son Kunwar, wife of Narayan, aged 2. Subhiksha D/o Narayan, aged 17 years. 3. Nilesh son of Narayan, aged 15 years. 4. Vivek son of Narayan, aged 13 years. 5. Abhishek son of Narayan, aged 11 years. All are minors appeltants represented by Mother being nature guardian Smt. ' Son Kunwar Tawaskar. Ali by caste - Satnami, atl are resident of Barbhatha, P.S. Arang, Tahsii Arang, District Rajpur (C.G.) Non-appiicants Rakesh Roshan Chaturvedi, son of Shri Roopchand Chaturvedi, aged 30 years, by caste Satnami R/o. village Nakta, (Gandhi Gram) Police Station Mandir Hasaud, Tah. & District Ralpur (Chhattisgarh). 2. The New India Insurance Co. Ltd. iranch No.2 code 450308, R.D.A. Shawan Bajrang Market, Ralpur (C.G.) Pln 492001, Policy No. 450308/47/01 08989 - ' Period Dt, 01/12/01 to 30/1 1/2C 3. Narayan Lal Tawaskar, son of Kunwar Singh, aged 45 years, R/o. Viiiage iarbhatha, P.S, Arang, District Raipur. l^ Ute-. ' S 'ai8F 1 ^ ss*-^ Motor Vehicles Act Present: Shri Maiay Kumar Bhaduri, iearned counsel for the appellants. None for respondents No, 1 & 3 though served. Shri Sudhir Agrawat, iearned counsel for respondent ORD sth The foiiovwing order ~-of th.e Court was passed by This is claimants' appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Ciaims Tribunal, Raipur (for short 'the Tribunai') vide award dated 28.07.2004, passed in Claim Case No.59/2003. 2) As against the compensation of Rs.15,24,000/- claimed by the appeilants/ clalmants, unfortunate mother, sister and brothers of deceased Manish Kumar by filing a claim petition under Section 163-A of the Motor Vehicies Act for hls death in the motor accident on 17.08.2002, the Tribunal awarded a tota! sum Rs.1,63,600/- as compensation along with interest @ 6% per annum from the date of filing of the ciaim petition tili the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Manish Kumar died on account of the injuries sustained by him in- th'e motor accident on 17.08.2002; as the offending vehide Tractor bearing registration ^<@S^£^/^ .sSf' .^is^>-s' / in'^ •fi' t^.'^. ^ No.C.G.-04-D-OI 63; on the date of the accident was insured with respondent No.2 the New India tnsurance Company Limited and the Insurance company could not establish any breach of the poticy condltions, the Insurance Company was liable topay compensation to thectaimants. • 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribuna! have now attained finalitv. 5) The Tribunal assessed the income of the deceased at Rs.1,250/- per month. By deducting Rs.450/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.800/- per month and Rs.9,600/- per annum. $y multiplying the annual dependency of Rs.9,600/- with the multiplier of 16, the compensation was worked out to Rs.1,53.600/-. By awarding further sum of Rs.10,000/- under other heads, the Tribunal awarded a total sum of Rs.1,63,600/- as compensation to the claimants for the death of deceased Manish Kumar in the motor accident. The Tribunal further directed payment of interest on the above amount of compensatipn of Rs.1,63,600/- @ 6% per annum from the date of filing ofthe claim petition till the date ofactual payment. •*<-. 6) Shri Malay Kumar Bhaduri, learned counsel for the appellants submitted that the Tribunal fias erred in not accepting the claimants'evidence about the income ofthe deceased and in ',»."^^ 1 L 'l f :"^Sras,j^f -^' l^.. assessing his income at Rs.1,250/- per month only; and in awarding low compensation of Rs.1 ,63,600/- only. 7) Shri Sudhir Agrawal, learned counsel for respondent No.2 the New India Insuranoe Company Limited, on the other hand, supported the award and contended that, the compensation of Rs.1,63,600/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the case. 8) Deceased Manish Kumar was aged about 21 years on.the date of the acc-ident. He was unmarried. Ctaimant No.1 Smt. Son Kunwar is his mother, whereas Claimant No.2 Subhiksha is his sister and Claimants No.3, 4 & 5 Nilesh, Vivek and Abhlshek are his younger brothers. Respondent No.3 Narayan Lal Tawaskar, is father of the deceased who was living separately from his famity. It is apparent that ail the claimants were wholly a'ependent on the income of the deceased Manish Kumar. 9) The compensation of Rs.1,63,600/- awarded by the Tribunal when examined in the context ofthe above mentioned broad features of fhe case, in our opinion, is certainly on the lower side and requires to be enhanced to some extent. 10) Cohsidering all the relevant aspects ofthe matter, we are of the oplnion that further award of Rs.25,000/- inclusive of interest component on the enhanced amount of cpmpensation woutd make the^ compensation of Rs.1,63,600/- awarded by the padma Tribuna! as just and proper compensation in the facts and circumstances of the present case, 11) The appeal fiied by the appeltants/ claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,63.600/- awarded by the Tribunal. 12) Respondenf No.2 the New India Insurance Company j'mited is granted three months' time for depositlng the total sum of Rs.25,000/- before the concerning Claims Tribuna!. 13) No order as fo costs. Sd/- Chief Justice Sd/- R.N.Chandrakar Judge