•;^..N "'%,, a. 1 ""•Q 9 ^//. ^s?t^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K.AGARWAL, J. Appellants Claimants Misc. Appeal (0 No. 612 of2008 1 Smt Shanti Bai Sahu, W/o late Shri Santosh Sahu,aged about 22 years 2 Ku Padma Sahu, d/o late Shri Santosh Sahu, aged about 04 years 3 Ku Kiran Sahu, d/o late Shri Santosh Sahu, aged about 7 months (appellant No.2 & 3 being minor on behalf of through her legal guardian mother the appellant No.1. Smt Shanti Bai Sahu) 4 Manku Sahu, s/o Late Shri Sudhram Sahu, aged about 50 years All caste - Teli, All r/o village - Saradih, Police Station - Mahasamund Tehsil & District Mahasamnd (CG) Respondents Non-claimants VERSUS Mohmmed Alim Khan, S/o Mohmkmmed Salim Khan, aged about 24 years, Caste Musalman, R/o Imlibhata, Mahasamund, Tehsil & District - Mahasamund (CG) Smt .Saroj Tiwari, W/o Shri Sushil Kumar Tiwari, R/o NHF /add RDA Building, Water Work Toad, Tikrapara Raipur, District - Raipur (CG) Branch Manager, the Oriental Insurance Company Limited, through Divisional Manager, Divisional Office, Madina Building, Jail Road, Raipur, Tehsil & District Raipur (CG) Memo ofappeal underSection 173ofthe Motor Vehicles Act. Present: Shri Shivendu Pandya, counsel for the appellants Shri AK Athaley, counsel for respondent No.3. ORDER (13th July, 2011) The following order of the Couri: was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 15.02.2007, passed in Claim Case No.61/2006. 2) As against the compensation of Rs.62,50,000/- claimed by the appellants/claimants, unfori:unate widow, minor daughters and father of deceased Santosh Sahu by filing a claim petition under Section ''66 of the Motor Vehicles Act for his death in the motor accident on 28.06.2006, 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. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Santosh Sahu died on account of the injuries sustained by him in the motor accident on 28.06.2006; the accident occurred due to rash and negligent driving of the driver of aii ^) the offending vehicle Minibus bearing registration No.CG-04 E/0266; as the above offending vehicle Minibus on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was 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. 5) The Tribunal assessed the income of the deceased at Rs.100/- per day and Rs.3,000/- per month. By deducting 1/3rd of Rs.3,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.2,000/- per month and Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- wjth the multiplier of 12, the compensation was worked out to Rs.2,88,000/-. By awarding further sum of 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 to the claimants for the death of deceased Santosh Sahu in the motor accident. The Tribunal furi:her directed payment of interest on the above amount of compensation of Rs.2,92,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Shivendu Pandya, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' 1 €b evidence about the income of the deceased and in assessing his income at Rs.100/- per day; Rs.3,000/- per month only; in selecting the lower multiplier of 12; and in awarding low compensation of Rs.2,92,000/- only. 7) Shri AK Athaley, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Minibus, 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. 8) On due consideration of the submissions of learned counsel for the pari:ies and the evidence led by the claimants about the income of the deceased, we are satisfied that the Tribunal has rightly assessed the income of the deceased at Rs.100/- per day and Rs.3,000/- per month. The claimants' dependency also has been rightly assessed by the Tribunal at Rs.2,000/- and Rs.24,000/- per annum, by deducting the usual 1/3 of the income of the deceased towards his personal expenses. 9) Nevertheless, the multiplier of 12 selected by the Tribunal is certainly on the lower side and requires reconsideration. 10) Considering that deceased Santosh Sahu was aged about 23 years on the date of the accident and his widow Smt, Santhanti Sahu was shown to be 22 years of age in the claim petition and their minor daughters were aged about 4 years and 7 months only, we are of the opinion that multiplier of 18 would be appropriate in the "^ present case in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121 wherein multiplier of 18 has been prescribed for the age group between 21-25years. 11) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 18 the compensation works out to Rs.4,32,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.4,47,000/- as compensation for the death of deceased Santosh Sahu in the motor accident. 12) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal 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. 13) Considering all the relevant aspects of the matter, 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 entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.1,55,000/- at Rs.15,000/-. 14) For the foregoing reasons, the appeal filed 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.4,47,000/- with further quantified amount of interest of Rs.15,,000/- on the enhanced amount of compensation of Rs.1,55,000/-. 15) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,70,000/- (Rs.1,55,000/- towards enhanced amount of compensation + Rs.15,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.1,55,000/-) before the concerning Claims Tribunal. 16) No order as to costs. Sd/- Chief Justice Sd/- N.K.Agarwai Judge fwsmi/p •\