/ C‘) HEGH CGURT OF CRHATTI$GARH. E§LA$PUR CORAM: HON’BLE $HR! SUNEL KUMAR SWHA & HON’BLE $HR! R.L. JHANWAR. J J. Misc“ AppealNo‘ 3?2f2iw3 ? Mrshnu Kost‘na, Advoate for the appeifanrs.a Mr. AK. Athaley, Advocate or respondent No.3. {Mmeai under Sectian 1;3 0f the Motor Vehicies 2112:, 1938} Appearance: m c f APPELLAN‘E‘s 1. Laiit Kumar, aged about 27 . years, $0 Late Kevai Singh Thakur, 2. Ku. Anita, aged about 25 years, 3/0 Late Keva: Singh Thakur, Both Rio 0nd No. 2711—E Risaii Bhiéai, Tahsi! & Distt. Burg (0.6.) Versus RESPONDENTS 1. Mum Yadav, aged about 39 years, lo Khutapara, Dongargarh, . Disit‘ Rajnandgaon! C.G. Driver Mahindra & Mahindra Jeep ’No. M.P.—24G/030? wiih vaiid !§cense) '2. Hazi Sheikh Usman, S/o Hazi Sheikh Umar, Rfa Bharakapara, Rajnandgaon, (Regisiered owner of Jeep No. [\fiP—24G2’633?) 3. The: Orientag insurance Company Ltd. (insurance Co.) 4. Sabda! Ali, aged aboui 38 yers, Sic Sayeed Ahmed, Rm Khuntépara, Dongargarh, Rajnandgaon (C.G.) Misc. AppeaiNo. 8?2i2€)03 oRuER (22.10.2mo; Foliowing order 0f the Coun was passed by SkmEi Kumar Sinha‘ J. The appeiiants!claimants have fiied this appeal for enhancement of campensation awarded in Ciaim Case No‘ 84/2002 by the 7m Additionai Motor Accident Claims Tribunal (FTC), Durg vide award dated 18.Q7.2003. x 1. The appeilants/claimants, unfortunate son and daughter of deceased- Keval Singh, fiied a CEaim petition u/s 166 of the Motor Vehicies Act, claiming oompensaiion of Rs. 13,20,060!— for his death in motOt accident, which took piace on 26.06.2000, when the “Luna” of the deceased was dashed by the offending Jeep bearing registration No. MP-24G/0337, on account of rash and negiigence driving of the Jeep by its driver. 2. The deceased was aged about 56 years on the date of the accident; he was working as Senior $torekeeper in Bhiiai, $teei Piant. The appellants’ciaimants pteaoied that he was getting saiary of Rs t3,DOC)/- to 14,000l— per month. Salary slip of the month of October, 199g was proved as Ex—P-2. The Tribunal determined the income ot’ the deceased at Rs. 6,000l- per month. By deducting 1/3 towards the persona! expenses of the deceased, the dependency 0f the appetiants was determined as Rs. 4,000/- per menth and Rs. 48,0GQI— per annum. The Tribunai, [coking to the age of the deceased and the period of his service ieft, applied multiplier of 4 to the said annuat dependency of Rs. 48,000/- and compensation was worked out to Rs. 1,92,000/-. The Tribunal aiso awarded Rs. 2,0001- for funerai expenses. The Tribunal thus awarded a totat sum of Rs. 1,94,0Q0/— as compensation to the 3 Misc. AppeaiNo. 8?2I’2€)03 appeiiants/ciaimants for the death of deceased- Kevab Singh in the motor accident on 26.06.20GO. The Tribunal af$0 awarded interest @ 6% per annum from we date 0f filing the ciai‘m petition tin realization and directed that if the amount is not paid within one month, the interest wouid be charged @ Q%. 4. Mr. Vishnu Koshta, teamed counsei appearing on behalf of the appetlants/cla'imants, raises a singular contention, he submits that the Tribunal erred in assessing the income of the deceased. The Tribunai has taken the net income. His submission is that oniy permissible deductions would have been deducted from the gross salary oi Rs. 13045/— and then the income for the purposes oi assessment of compensation would have been etermined. 5. On the other hand, Mr. AK. Athaiey, teamed oounsei appearing on behait of insurance Company, opposes these ‘ arguments and supports the award passed loy the Tribunai. ) 6. We have heard learned counsel tor te parties at length and also peruse the records of the Claim case. J“ The Tribunal has assessed the income oi deceased on the basis of salary slip proved as EX—P-2. in the Salary siip (Ex-P— 2), the gross pay of the deceased has been mentioned as Rs. 13045.30l’-. it has further been mentioned that Rs. t4GQI- was deducted as income tax; Rs. 132i- was deducted as profession tax; Rs. 35fwas deducted as electricity charges and Rs. 70lwas deducted on some other account, thus Rs. t646J- were deductions, which shalt have to be taken out from the gross pay of the deceased tor the purposes of assessment of his income tor compensation. After deducting Rs. 1645!- trom Rs. t3D45/—, the difference comes to Rs. Hamlin which we take as Rs. 11,000/- for the purposes of calculation. @ d h 4- 8‘ Misc; Appeama‘ 872f2€m3 Both the ciaimants were major. Ciaiman’t No.17 was aged about 27 years and ciaimant N02 was aged about 25 years. Claimant No.1 was the eon 0f the deceased and c§aimant No.2 was unmarried daughter of the deceased. Looking to the age and the evidence regarding iheir statue, infacai, for ail pi‘aciicai purposes, only claimani N02 wouldbe dependent on the deceased on the date of ihe accident. Therefore, we deduct 50% from the above income of Rsr 11 ,000/- towards the personal expenses of the deceased and the dependency of the ctaimants is workout to Rs. 5500f— per month and Rs. 66,000/- per annum. The deceased was aged about 56 years and the oiatmants were aged about 27 and 25 years respectivety, therefore, taking alt the circumstances tnto consideration, we also use the multiplier of 4 (as used by the Tribunal) for determining the compensation. By apptying the mutttplier of 4 to the annual dependency of Rs. 66,000f- the compensation works out to Rs. 2,64,0U0/—. By adding further sum of Rs. 10,000/— under other permissibie heads, the totai amount of compensation works out to Rs. 2,74,000/—. The Tribunat has already awarded Rs, 1,94,@GO/—. By deducting Rs.1,94,000l— from Rs. 2,74,000/—, the amount comes to Rs. 80,000/-, which the appettants/claimants are entitled to receive as the enhanced amount of compensation for the death of deceased-Keval Singh in the motor accident. 10. To avoid further complications and looking to the deiay caused in disposal of the Claim Petition as aiso the claimant’s appeai and that the insurance Company alone cannot be biamed tor such detay, we deem it appropriate to quantify the interest, which we quantify as Rs. 8,00% in this matter. Therefore, the appeilants are entitled to receive a sCirn of Rs. 88,0QQ1- more (Rs. 80,00DZ- as the enhanced amount of 5 //v-\\ compensation and Rs. 8,000f— as the amount of quantified interest on the enhanced amount) which the appellants shali receive from the lnsurance Company. the Oriental Insurance Company Ltd. f respondent No.3 is granted 3 months time to deposit this amount before the concerned Claims Tribunal. The appeal is allowed to the extent indicated above. There shall be no orders as t o the cost(s). Misc. AppealNo. 872!2QG3