HIGH COURT OF CHHATTISGARH AT BILASPUR DIVlSlON BENCH Y CORAM: ’HON’BLE SHRI RAJEEV GUPTA, CJ. E IV HON'BLE SHRI SUNIL KUMAR SHNHA, J. Misc, Appeai No. 13(31 of 2005 Annellants 1. ma Bai w/o Badaku Ram, aged CEaimants about 55 years, ‘u 4 2. f l } Ku. Tirath d/o 1ate Badaku Ram, aged about 20 years, Both are r/o Rajendra Nagar Ward . Jadahour, distt. Bastar C.G. VERSUS 1. Ashok Kumar Yadav, s/o Krishna Yadav (Driver): 1 2. Vinod Yadav s/o Krishna Yadav I (Owner of the vehicle) Both are r/o Police Line, Jagdaipur, distt. Bastar (C.G.) The United lndia insurance company Ltd” through Branch Manager, Office Jagdaipur, in front of Anupama Talkies, Jagdalpur, distt. Bastar (C.G.) MISC. AP?EAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 Respondents Wesent: Shri SubhashtYadav, counsel for the appellants. None for respondents No.1 and 2. Shri Abhishek Sinha and Shri GS. Patel, counsel for respondent No.3. , ORDER // \\ (03rd February,2011) P z l \ The following order of the Court was passed by Rajeev Gupta, C.J. This is ciaimants’ appeal for enhancement’ of the compensation awarded by the Motor Accident Claims Tribunal, l Bastar at Jagdalpur (for short ‘the Tribunal’) vide award dated 09.08.2005. passed in Claim Case No.264/2003. R r As against the corhpensation of Rs.5,18,000/— claimed by the ‘appellantsi claimants, unfortunate widow and unmarried daughter iof deceased Badaku Ram, by filing a claim petition under Section l £166 of the Motor Vehicles Act, for his death on 16.62.2003 on account of the injuries sustained by him in the motor accident on l12.02.2003, the Tribunal awarded a total sum of Rs.50,000/— as lcompensation 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 ent‘iife evidence led l Ebefore it held that deceased Badaku Ram died on 16.02.2003 on laccount of the injuries sustained by him in the motor accident on 12.02.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.C.G.-17/ZT-0119; as the above offending vehicle l? l iJeep, on the date of the accident was insured with the United lndia ilnsurance Company Limited and the insurance Company could not i establish any breach of the policy conditions the insurance ,4! Company was liable to pay compensation to the claimants I 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 considering that deceased Badaku Ram was aged about .70 years and the claimants could not establish any definite and regular income of the deceased, awarded lump—sum of lu‘ Rs.50,000/— as compensation to the claimants. The Tribunal further directed payment of interest'on the above amount of compensation of Rs.50,000/— @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Subhash Yadav, iearned counsel for the appellants submitted that the Tribunal has erredin not awarding any sum towards funeral expenses; loss of estate; loss of consortium to the widow; and medical expenses incurred on the treatment of the deceased for four days between the date of accident and the date of death in the hospital; and in awarding low compensation of Rs.50.0001— only. ,7) Shri Abhishek Sinha and Shri (3.8. Patel, learned counsel for respondent No.3 — the United India insurance Company Limited, on the other hand, supported the award and contended that as the deceased was an old and infirm person aged about 70 years and was not having any definite and regular income, the compensation ‘of Rs.50,000i— awarded by the Tribunal is just and proper compensation in the‘facts and circumstances of the present case. 8) Deceased Badaku Ram though according to the claimants was aged about 65 years, was shown to be 70 years ofu age in his postmortem report. The ctaimants claimed that he used to earn Rs.3,000/- per month from his Kirana Business. The claimants are his widow Piiia Bai, aged about 55-60 years and his unmarried daughter Ku. Tirath, aged about 2O years. The unfortunate ‘agcident in which dec‘eased Badaku Ram sustained injuries took ‘ place on 12.02.2003 and Badaku Ram died during the course of ; his treatment in the hospital after four days on 16.02.2003. lt is apparent that‘during these four days of his treatment, the claimants must have spent substantial amount. The Tribunal certainly has fallen into error in not awarding any sum towards funeral expenses; loss of estate; and loss of consortium to the widow. 9) Considering all the relevant aspects of the matter and the above—mentioned broad features of the case, weTa‘re of the opinion that further award of Rs.25,000/— inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.50,000/— awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. filed by the appellants! claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation .in g i” addition to the sum of Rs.50,000/— aWarded by the Tribunal. 10) The appeal 1 < i i ‘ i t11) RespOndent No.3 the United India insurance Company ‘1 Limited is granted three months’ time for depositing the total sum of Rs‘25,000/— before the concerning Claims TribunaL subbu 12) No order as to costs. //V Sdl— S‘j‘t‘? Sd/- SumtKumar t . Judge“. I CHIEF JUSTICE