.^^iS^.^ f ,^y"^ll it^. .M?x-. C^l •• i. f.;^' HjGH COURT OF CHHATTISGARH AT BILAS^UR A .-iin;I;A^>**,4. njjpnt-aiil Non-applicants ,J. .A. No. 86 of 2004 Smt. Sarota Bai wd/o Chhedilal Mahant occupation House Wife, aged about 22 years, R/o village Domnara, Tahsil Kharsia, distt. Raigarh (C.G.) 1 Ravindra Pandev, occupation Operator, Jlndal Streep's Limited, R/o Patara Pali, Raigarh (C.G.) 2 ^Jindal Steep's Limited, Patara Pali, Ralgarh, through General Manager, Jlndai Steep's Raigarh (C.G.) isc. Appeal under Section 173 of Motor Vehicles Act Present: Shri A.K. Athaiey, counsei for the appellant. None for respondent No.1. Shri Shashank Thakur, counsel for respondent No.2. sh ier. The foltowing order of the Court was passed by This is claimants' appeai for enhancement of the compensation awarded by First Additional Motor Accident Claims Tribunal, Raigarh (for short 'the Tnbunal') vide award dated 05.09.2003, passed in claim case No.53/1999. UM 2) As against the compensation of Rs.12,24,000/- claimed by the appellanV claimant, unfortunate widow of deceased Chhedilai Mahant by filing a ciaim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 20.08.1997, the Tribunal awarded a total sum of Rs.1,68,000/- as compensation along with interest @ 9% per annum from the date of filing of the ciaim petition tilt the date of actual payment. 3) The Tribunat on a close scrutiny of the entire evidence led before it held that the ciaimant's husband Chhedilal Mahant died on account of the injuries sustained by him in the motor accident on 20.08.1997; the accident occurred due to rash and negligent drivlng of the driver/ operator of the pay-loader belonging to respondent No.2 Jindal Strips Limitect, Raigarh; as such, driver/ operator and owner of the pay-loader were liable to pay compensation to the claimant. 4) The Tribunal assessed the Income of the deceased at Rs.50/- per day and Rs.1 ,500/- per month. By deducting a sum of Rs.700/- towards the personal expenses of the deceased, the claimant's dependency was assessed at Rs.800/- per month and Rs.9,600/- per annum. By multiplying the annual dependency of Rs.9,600/-~with the multiplier of 17, the compensation was worked out to Rs.1,63,200/-. By awarding further sum of Rs.5,000/- towards loss of consortium to the widow, total compensation was worked out to Rs.1,68,200/-, which was rounded off to Rs.1,68,000/-. The Tribunal, thus, awarded a tota! sum of Rs.1,68,000/- as compensatlon to the ctaimant for the death of her husband Chhedilal Mahant in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1 ,68,000/- @ 9% per annum from the date of fsiing of the claim petition till the date of actual payment. The Tribunat apportioned the above amount of compensation of Rs.1,68.000/- in the ratio of 50% to the widow: )% to the father; and 30% to the mother ofthe deceased. 5) Shri A.K. Athaiey, iearned counsel for the appellant submltted thst the Tribuna! has srred 1" deducting mors than 1/3 of the income of the deceased; in not awarding any sum towards funeral expenses and loss of estate; and in awarding low compensation of Rs.1,68,000/- only. 6) Shri Shashank Thakur, learned counsel for respondent No.2 Jindal Strips Limited, owner of the pay-loader, on the other hand, supported the award and contended that the compensation of Rs.1,68,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) As the evidence !ed by the claimant about the income of the deceased was not of clinching nature, we do not find any fau!t in the approach of the Tribunal in discarding the claimant's evidence about the income of the deceased and in assessing his income on its own estimate at Rs.50/'- per day; Rs.1 ,500/- per month and Rs.18,000/- per annum. .,^wts3s^. ^•.B.=ES;|"^ t :s<agl!ih. j:: '>», :'::.'f1 8) The deduction of Rs.700/- per month made bYThe Tribunal towards the personal expenses of the deceased is certainly on the higher side and requires reconsideration. 9) Considering that there were in all four members in the family of the deceased i.e. the deceased himself, his widow; his mother and father, we are of the opinion that the usual 1/3 of the income of the deceased ought to have been deducted by the Tribunal towards his personal expenses. We, therefore, assess the ciaimant's dependency at Rs.12,000/- per annum by deducti'Rg 1/3 of Rs.18,000/- towards the personal expenses of the deceased. 10) Considerina the aae of the deceased, his widow and parents, we are of the opinion that multiplier of 1 7 seiected by the Tribunal is appropriate in the present case. 11) By muitiplying the annual dependency of Rs.12,000/- with the multipiier of 17, the compensation works out to Rs.2,04,000/-. The claimant is further awarded a sum of Rs.10,000/- towards funerai expenses; loss of estate; and loss of consortium to the widow. The claimant, thus, becomes entitled to receive a total sum of Rs.2,14,000/- as compensation for the death of her husband Chhedilal Mahant in the motor accident. 12) Learned counsel for the parties submitted that with a view to avoid any possibie dispute between the parties about the period for which the claimant is entitled to receive interest on the enhanced amount of compensation, the amount of interest on the •-a^T-~-'>~lnas-'E-<':: ."^ enhanced amount of compensation may be quantified in this appeal itself. 13) Considering ali the relevant aspects ofthe matter, inctuding the delay in disposai of the claim petition and the present appeal and the fact that the owner of the pay-loader alone cannot be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.46,000/- at Rs.5,000/- 14) For the foregoing reasons, the appeai fiied by the appellant/ ciaimant for enhancement of the compensation is aliowed in part. The compensation of Rs.1,68,000/- awarded by the Trlbunal is enhanced to Rs.2,14,000/- with further qyantified amount of interest of Rs.5,000/- on the enhanced amount of compensation of Rs.46,000/-. 15) Respondent No.2 Jindal Strips Limited is granted three months' time for depositing the totai sum of Rs.51,000/- (Rs.46,000/- towards enhanced amount of compensation + Rs.5,000./- towards quantified amount of interest on the enhanced amount of compensation of Rs.46,000/-) before the concerning Ciaims Tribunai. 16) The entire amount of Rs.51,000/- shall be payable to appeltant Smt. Sarota Bai, widow of deceased Chheditat Mahant ft;;w?" 6 8 and the parents of the deceased shall not be entitted to getany share from his smount. 17) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge .dGDU