HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHRI FIAJEEV GUPTA, C.J. & HON'BLE SHRIRANGNATH CHANDRAKAR, J. Appellants Claimants Misc. Appeal (C)No. 96 of 2008 1. Smt. Sita Bai widow of Banau Kewat aged about 40 years 2. Chandram s/o Banau Kewat aged abouf 26 years. 3. Mantram s/o Banau Kewat aged about 24 years. 4. Santram s/o Banau Kewat aged about 20 years. All R/o Darrighat Tahsil and P.S. Masturidistrict Bilaspur C.G. VERSUS ResDohdenVdriver 1 Respondent/Owner 2 Respondent/lnsurer 3 Vipin Kumar s/o Umashankar Tandon aged about 25 years r/o Village Dhangava Tahsil and P.S. Masturi district Bilaspur C.G. Manager Lemco Infotech Limited R.P.Nagar Phase 1 Plot No. 1935- 36 Kosabadi, Korba district Bilaspur C.G. Branch Manager, the Oriental Insurance Co. Ltd. opposite Rajiv PlazaBus Stand Road, Bilaspur C.G. ApDeal underSection 173ofthe MotorVehicle Act ^y •\ Present: ShriA.V. Sridhar and Shri Kalyan Kalamkar, counsel for the appellants. Shri AmanKesharwani, counsel for respondent No.1. >t'.. ^•-.t-' ffir ^ <<Y^ Shri Wasim Miya, counsel for respondent No.2. Shri Abhishek Sinha and Shri Ghanshyam Patel, counsel for respondent No.3. ORDER (27th June, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the 8 Additional Motor Accident Claims Tribunal, Bilaspur (for short, 'the Tribunal') vide award dated 24.09.2007, passed in Claim Case No.45/2007. 2) As against thecompensation of Rs.9,70,000/- claimed by the appellants/claimants, unfortunate widow and major sons of deceased Banau Kewat, by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 14.02.2007, the Tribunal awarded a total sum of Rs.2,12,000/- as compensation to the claimants along with interest @ 9% per annum in the event of insurer's failure to deposit the amount of compensation within two months ofthe passing ofthe award. 3) The Tribunal on a close scrutiny of the entireevidence led before it held that deceased Banau Kewat died on account of the injuries sustained by him in the motor accident on 14.02.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bolero bearing registration NO.C.G.-12-D/0653; as the aboveoffending vehicle Bolero on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company could not ss.. •ii' & A? t^lj ff J \^y € c establish any breach of^the policy conditions, the Insurance Companywas liable to pay compensation to the claimants. 4) As the respondents have not filed any appealagainst the award,the above findings recorded by the Tribunal have now attained finatity. 5) The Tribunal assessed the incomeof the deceased at Rs.100/-per day; Rs.3,000/- per month; andRs.36,000/- per annum. By deducting 1/3 of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 8, the compensation was worked out to Rs.1,92,000/-. By awarding further sum of Rs.20,000/- under other heads, the Tribunal awarded a total sum of Rs.2,12,000/- as compensation to the claimants for the death of deceased Banau Kewar in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,12,000/- @ 9% per annum in the event of insurer's failure to deposit the amount of cbmpensation within two months of the passing of the award. 6) Shri A.V. Sridhar and Shri Katyan Kalamkar, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation ofRs.2,12,000/- only. 7) .Shri Abhishek Sinha and Shri Ghanshyam Patel, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer ofthe offending vehicle Bolero, on the other hand, supported the award andeontended that the compensation •s'. "~A i\^3^ ,f£.J1 ^ ~ss^s^i.^^ ^ 't. ^'J/ 'Sa. s)k-"'°'<«' 4 (5'Z- c & N .y • of Rs.2,12,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstancesof the present case. 8) Shri Aman Kesharwani and Shri Wasim Miya, learned counsel for respondent No.1 Vipin Kumar and respondent No.2 Lemco Infotech Limited, the driver and owner of the offending vehicle Bolero also supported the award. 9) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nora Bonanza. 10) Now we shall examine as to whether the compensation of Rs.2,12,000/- awarded by the Tribunal is just and proper compensation in the factsand circumstances ofthe present case. 11) True, the claimants pleaded that deceased Banau Kewat used to earn Rs.200/- per day from agriculture and by selling peanuts, the evidence led in that behalf was not clinching nature. We, therefore, do not find any fault in the assessment of the income of the deceased by the Tribunal on its own estimate at Rs.100/—perday; Rs.3,000/- per month; and Rs.36,000/- per annum. 12) The claimants' dependency also has been rightly assessed by the Tribunal by deducting the usual 1/3 of the income of the deceased towards his personal expenses. 13) The multiplier of 8 selected by the Tribunal also cannot be fbund fault with as deceased Banau Kewat, according to the s~. -^ ^ y"i:^> \KS 8 'l / admission made by his widowclaimantNo.lSmt. Sita Bai, in her cross-examination before the Tribunal, was aged about 55 years on the date of the accident. 14) The Tribunal has awarded substantial amount of Rs.20,000/- under other heads. 15) For'the foregoing reasons, we do not find any scope for enhancement ofthe compensation awarded by the Tribunal. 16) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, fails and is hereby dismissed. 17) No order as to costs. ~SST- ChiefJustice Sd/-. R.N. Chandrakar Judge s< .^~ !sk \- iBS llliSi S ! ^^^^ia^^eiSffi^^sfc^as&Bn