KKS^ n ie-i-'V S %^// HIGHCQURTOF CHHATTISGARH AT BILASPUR M.A. No.352/2005 APPELLANTS RESPONDENTS Snit. Pushpa Devi 8s others VERSUS K. Rajesh SE others Judgraent_joi^cpnsideration Sd/- N.K. Agarwal Judge Hon'ble^hri Rajeev Gupta, CJ. <A^Y^^-t^e_ ' Sd/- Chief Jiisdce ^ /07/2011 Post for pronouncement on 3" /07/2011 Sd/- Judge ^-07/2011 M ite. •—- -- — HIGH COURT OF CHHATHSeARH AT WLKSWVt APPCT-LANTS M.A. No. 352/2005 1. Smt. Pushpa Devi Widow of late Anil Kumar Agrawal, aged about 34 years, occupation-service 2. Ankush Kumar S/o Late AnU Kumar Agrawd, e^;ed about 10 years (mrnor) Anjall Remi D/o Late Aiul Kumar Agrawal, aged 7 years (minor) The AppeUant No. 2 and 3 are representated by fheir own mother appellant >. l RE8PONDENTS 2. are residents of village Vishunpur, Kanya Parisar Road, P.S. Qandhi Nagar, Tah. Ambikapur, Distt. Sm^uja (CG) VERSUS K. Rajesh S/o K. Goutam, vehicle owner, R/o. Jabdapara, Sarlianda, P.S. Sarkanda, Tah. & mstt. Bilaspur (CG) Patwardhan S/o Kanak Lal, aged 30 years, Driver offhe vehicle, R/o ViU. Damghat, Mastiin, Distt. BUaspur (CG) The Oriental Insurance Company Limited, Mandal Kaiyalaya, iiifront ofHigh Court, BUaspur (OG) DB: HON'BLE SHRI RAJBBV GUPTA, G.J.fe HON'BLE SHSI N. K. AGBAWAL, J. PRBSENT:- Smt. Meena Shastri, Advocate, far the appellants. Smt. Chitra Shrivastava, Advocate for (he respondent No. 8. AWARD (deUvered on ..&..-7-2011) Per N.K. Aiffu-wal. J 1. This is claimants' appeal seeking enhancement in the amount of compensation awarded by the Ist Additianal Motor Accident Claims Tribunal, Amblkapur (for short the Tribunal) vide its award dated 29-12-2004 passed in Claim Case No. 21/2004. On 02.05.2004, deceased Anil Kumar Agrawal was going to , Ambikapur along with his fliend Prashsint Kumar Shrivastava by motorcycle being driven by Prashant Kumar Shnvastava and when they reached near HoUcross School, Ambikapur, suddenly one Tata Mmi Truck-709 bearing registoration No. CO-10-ZB/2580 hit the motorcycle resulting in death of Prashant Kumar Shrivastava and Anll Kiimar Agrawal. On an application fUed under Section 166 of ttie Motor Vehicles Act, 1988 preferred by the claimants/a0penants clalming compensation to the tune of Rs.21,08,000/- for tfae death of Anil Kumar Agrawal tn aecident dated 2-5-2004, leamed Tribunal awarded a total siim of Rs. 1,78,000/- along with interest @ 9% per smnum fi-om ffae date of application * till its actual payment against the driver, owner and insiirer oftheoffendtagvehlclejoinfty and severely. Leamed Tribiinal on a close scrutmy of the evidaice led held: the resprandent No. 2 by driving the Mmi truck bearir^ re^stration No. CO-10-ZB/2580 in a r&sh and ne^gent manner dashed the motor cycle in which the deeee^ed was a pilHon nder as a result of which he died; fhe Insiirance Company failed to prove tfaat at the time of accident the driver of the truck was not possesstag vaBd and efifective driving . licence, held the respondent No.3 liable to pay compensation to the clatmante jointly and severety alMig wifh driver, owner of the ofieiKling vehicle; assessed yeaa-ly income of the deceased as Rs. 24,000/-, deductingusual l/yd ofittowards personal and Uving racpenses ofthe decCTised assessed yearly loss of dependency as Rs. 16,000/-, looking to the age of fhe deceased as 45 years at fhe tiiae ©faccident, multiplier of 10, and ttius awaTded Rs. 1,60,000/- as compensation towards loss of dependency. Leamed Tribunal further awarded Rs. 18,000/- on other heads and fhus awarded a total sum of Rs. 1,78,000/- as aompensation to the claimants. 5. The onty submission made by tfae coiuisel ft>r the appellants are that the multiplier applied by the Tribuna! is not correct lookuig to ttie age offhe deceased at the tune of aocddent. 6. In order to examine the correctaess or otherwise of tlie amount of compensation awarded ty the Tribunal we have perused the record ofthe Tribunal. 7. fa fhe l%ht of dicttun qf Sup-eme Court in case of Sarla Verma (Smt.) 85 ofhers V. Delhi Transport Corporation and anofher, reported m 2009 (6) SCC 131, wherem fiiultlpliw of 14 has been prescribed for ttie age youp of 41-45 years, in our opsidon, the 'Eribunal has fallen in error tn applylng multilpUer of 10 iastead of 14 in computtog amount of coini»nsation. Therefore, we propose to re-coinpiAe the ainount ofcompensation. 8. After applying fhe multlpUer of 14, the compertsation amount comes to Rs. 2, 24,000/- (16000 X 14). The claimants ere further entitled to Rs. 15,000/- on other heads (Rs. 5000/- each for loss of consortium, loss of estate and ftmei%l expenses). 9. For the reasons mentioned hereinabove, Che appeal is allowed in part. The claimants are now entitled for Rs. 2;39,000/- (2,24,000/-+15,000/-) as compensation in pl&ce of Rs. l,78,000/-as awarded ly the Tribunal. The additional amoiint of compensation of Rs. 61,000/- shall cany mtaiest @ 6% per annum from the date of filing of fhe claim petition till its actual payment. Rest of the conditions mentioned in the award shall remain intact. The award stands modified to the above extent. 10. The respondent No. 3/0riental Insurance Company Limited, is granted tbree months' tune to deposit enhanced arnonnt of compensation before the concemed clatoas 'MbunaL No order as to costs. Sd/- Chief Justice Sd/- N.K. Agarwal Judge S:;aliu