MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHfCLES ACT ' { Present: Shri A.L. Singraul, counsel for the appellants. None for respondents No. 1 and 2. Shri Shailendra Sharma, counsel for respondent No.3. ORDER ‘ (8m April, 2011) The following order, of the Court was passed by tRajeev Guptaf,‘ c.J. This is ‘claimants’ appeal for enhancement of the compensation awarded by the Fifth Additional Motor Accident éClaims Tribunal, Raipur (for short ‘the, Tribunal’) vide award dated l07.05.2005, passed in Claim Case'No.97/2004. *2) As against the compensation of RS6 93 000/- claimed by the appellants/ claimants unfortunate Widow minor children and parents of deceased Rajendra Masrh by fling a claim petition; under Section 163 A of the Motor Vehicles Act for his death In the motor aCCIdent on 26 01 2004 the Tribunal awarded a total sum of iRs.1,72,000/— as compensation along wrth interest @ 6% per gannum from the date of filing of the claim petition till the date of actual payment. l3) The Tribunal on-a close scrutiny of the entire evidence led : before it held that deceased Rajendra Masih died on account of the linjuries sustained by him in the motor accident on 26.01.2004; the l accident occurred due to rash and negligentdriving of the driver of g3 gx l i l l l l l , l l .. thé offending vehicle Truck bearing registration No.M.P.09D/7489; as the above offending vehicle Truck on the date of the accident was insured with the Oriental insurance Company Limited and the lns‘urance Company could not establish any breach of the policy conditions, the insurance Company was liable to pay compensation to 'the claimants. L 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.15,000l- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Mptor Vehicles Act. By deducting 1/3’d of Rs.15,000/- towards the - personal expenses of the deceased, the claimants’ dependency wjas assessed at Rs.10,000/— per annum. By multiplying the annual dependency of Rs.10,000/— with the multiplier of 17, the cbmpensation was worked out to Rs.1,70,000/-. By awarding further sum of Rs.2,000/— towards funeral expenses, the Tribunal awarded a total sum of Rs.1,72,000/— as compensation to the claimants for the death of deceased Rajendra Masih in the motor accident. The Tribunal further directed payment of interest on the ajbove amount of compensation of Rs.1,72,000/— @ 6% per annum ffrom the date of filing of the claim petition till the date of actual payment. l" a i V_,\ >w E 6)‘ Shri A.L. Singraul, learned counsel for the appellants submitted that the Tribunal has erred in discarding the ciaimants’ evidence about the income of the deceased and in assessing his income at Rs.15,000/— per annum only; and in‘awarding low compensation of Rs.1 ,72,000l— only. 7)‘ Shri Shailendra Sharma, learned counsel for respondent No 3 the Oriental insurance C'ompany Limited, on the other hand, supported the award and contended that the compensation of Rs.1g72,0.00/— ‘awarded by the Tribunal is Just and proper compensation in the facts and circumstances of the present case. ‘8) True, the claimants pleaded that deceased Rajendra Masih used to earn Rs.4,000/— per month as Crane Driver, no cogent and reliable eVIdence was led before the Tribunal to establish the income of the deceased to that extent We therefore, do not find l any fault in the approach of the Tribunal in discarding the claimants’ i‘ eVIdence about the income of the deceased. l 1i 9) Nevertheless, the income of the deceased assessed , by the» Tribunal at Rs.15,000/— per annum in the year 2004 is certainly on the lower Side and reqUIres reconSideration 10) Considering that deceased Raiendra Ma5ih on the date of the accident, was aged about 26 years, we are of the opinion that he could have easily earned Rs.70-75/-‘per day in the year 2004 even by working as an unskilled labour We, therefore, propose to re compute the compensation taking the income of the deceased at Rs 2 000/— per month and Rs.24,000/— per annum. ym, w\ ‘ 11) By deducting the usual 1/3rd of Rs.24,000/— towards the personal expénses of the deceased, the claimants’ dependency is assessed at Rs.16,00Q/— per annum. 12) Considering the age of. the deceased, his widow, minor children and parents, we are of the opinion that multiplier of 16 waguld be appropriate in the present case. 13) By multiplying the annual dependency of Rs.16,000/— with thfe‘Triultiplier of 16 the compensation works out to Rs.2,56,000/—. The claimants are further awarded Rs.5,000/— towards funeral e)(:penses; Rs.5,‘Q00/— for loss of estate; and Rs.5,000/— for loss of cdnsortium to the‘widow. The claimants,’thus, ‘become entitled to reEceive a total sum of Rs.2,71 ,OOOI- as compensation for the death l of deceased Rajendra Masih in the motor accident. 14) Learned counselfor the parties submitted that with a view to ayoid 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/V, the amount of interest on the enhanced amount of compensation may be qjuantified in this appeal itself. 1l5) Considering all the relevant aspects of the matter, including i 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 f:0r the entire delay in th‘eamatter, we quantify the amount of interest dn the enhanced amount of compensation of Rs.99,000/— at tam 1 ,000/—. l we 16) For the foregoing reasons, the appeal filed by the appellantsl claimants for enhancement of the compensation is allowed in part. i The compensation of Rs.1,72,000/- awarded by the Tribunal is enhanced to Rs.2,71-,000/— with further quantified amount of interest of Rs.11,000/— on the enhanced amount of compensation of Rs.99,000/-. l 17) Respondent No.3 the Oriental lnsurance Company Limited is 1 gta‘nt‘ed three months’ time for depositing the total sum of Rs;1,10,000/— (Rs.99,000/— towards enhanced amount of compensation +‘ Rs.11,0007— towards quantified amount of interest on the enhanced’amount of compensation of Rs.99,000/—) before’ tHe concerning Claims Tribunal. , e :xm‘; l nlmml l // 18‘) No order aSto costs. // /’ . sal- r 3d]. Sunil Kumar Sixth} l Chief Jusuccei .. v gudge/VA