y .^y / ^^ t<>' 's^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. 'i'iiiiciidB Appellants Applicants Misc. Appeal No. 1082 of 2003 1. Dev Narayan, S/o. Banshilal aged about 35 years, 2. Smt. Suniti. Bai w/o Dev Naravan Both R/o Vill. Donar, Post Jhiria •Tahsil & District Dhamtari (C.G.) VERSUS :i '^ S^ Respondents Driver Owner Insurer 1. Sheikh Nadeem s/o Sheikh Vasun, aged about 25 years, R/o vill. Adhari Navagaon, Tahsil and Dist. Dhamtari (C.G.) 2. Sheikh Iqbal s/o. Shiekh Burhan aged 37 years, caste Musalman R/o Risaipara, Tahsil and District Dhamtari C.G. 3. Oriental Ins. Company Ltd. through Branch Manager, behind Amar Talkies, Balak Chowk, Dhamtari, Tahsil and district Dhamtari C.G. MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Present: Shri D.N. Prajapati and Shri Mohd. Tariq Haider, counsel for the appellants. Shri Wasim Miya, counsel for respondents No.1 & 2. Shri Prashant Jayaswal, Senior Counsel with Shri Neeraj Pradhan, counsel for respondent No.3. ORDER ith viwsa .jtim:is (14m December, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents of deceased girl Chitra Lekha are the appellants before us in this appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal')-vide award dated 07.10.2003, passed in Claim Case No.87/2002. 2) As against the compensation of Rs.5,27,CX)0/-<;laimed by the appeltants/ claimants, unfortunate parents of deceased Chitra Lekha, aged about 12 years, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 24.05.2002, the Tribunal awarded a total sum of Rs.52,000/- as compensation along with interest @ 6% per annum from the date offiling ofthe claim petition till the date ofactual payment. 3) The Tribunal on a close scrutiny of the entireevidence led before it held that the claimants' daughter Chitra Lekha died on account of the injuries sustained by her in the motor accident on 24.05.2002; the accident occurred due to rash and negligent drivingof the driver of the offending vehicle Jeep bearing registration No.C.G.-05/ZA-2080; as the above offending vehicle Jeep, on the date of the accklent was insured with the Oriental Insurance Company Limited and the Insurance Company could not W isiatia establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above fln^ings recorded by the Tribunal have now attained finality. 5) The Tribunal considering the age of the deceased girl Chitra Lekha and her parents awarded a lump-sum of Rs.50,000/- as compensation to the claimants. By adding further sum of Rs.2,000/- towards the funeral expenses, the Tribunal awarded a total sum of Rs.52,000/- as compensation to the claimants for the death of their daughter Chitra Lekha in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.52,000/- @ 6% per annum from the date of filing of the claim petition tilt the date of actual payment. 6) Shri D.N. Prajapati and Shri Mohd. Tariq Haider, learned counsel for the appellants submitted that the Tribunal has erred in awarding low compensation of Rs.52,000/- only. 7) Shri Prashant Jayaswal, leamed Senior Counset with Shri Neeraj Pradhan, learned counsel for respondent No.3 - the Oriental Insurance Company Limited, on the other hand, supported the awgrd and contended that as the claimants could not establish any definite and regular-jncome of their daughter Chitra Lekha, the compensation of Rs.52,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. ..-. " ; s9 8) Shri Wasim Miya, learned counsel for respondents No.1 & 2, also supported the award. 9) Claimants' daughter Chitra Lekha was aged about 10-11 years on the date ot the accident. She was studying in 4th standard. Her father Dev Narayan was an agriculturist by occupation. He was aged about 35 yeare. Her mcrther Smt. Suniti Bai was an household lady, aged about 31 years. The claimants had three issues in all. Deceased Chitra Lekha was their eldest child. It has also come in the evidence of the claimants that deceased Chitra Lekha used to assist her mother in household work. 10) Thecompensation of Rs.52,000/- awarded by the Tribunal when examined in the context of the above-mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.25,000/- inctusive of interest component on the enhanced amount of compensation would make the compensation of Rs.52,000/- awarded by the Tribunal as just and proper compensation in the Tacts and circumstances of the present case. 12) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sumof Rs.25,000/- inclusive of lait;, sa.iMBW f^ interest component on the enhanced amount of compensation in addition to the sum of Rs.52,000/- awarded by the Tribunat. 13) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.25,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- Sunil Kumar Sinha 'e subbu ji:tl3!ii"'»l