lt-SS?. .• * u-tfAl HIGH COURT OF CHHATTISGARH ATBILASPUR HO^'BLESHRS RANGNATK CHANDRAKAR, J. c. AppealNo. 479 of 2004 ApBeljants Ciaimants m' v 1. 2. 13. 4. 2. 3. Smt. Ranjana Bai W/o late Shri Ashok Jagne, aged 29 years, Mousewife. Duryodhan s/o tate Shri Ashok Jagns, aged 12 years. Ku. Durga, D/o lafe shri Ashok Jagne, aged lOyears. Appellants No. (2) & (3) minors throagh mother appetlant No. 1. Smt. Jamna Bai'w/olate Shri Gullu Jagne, aged 55 years. Allare residenf ofviflage- Aamgaon, Bariiyapara, ward No.6, Aamgaon, Tah. S P.S. Aamgaon, Distriet Gondiya (Maharastra) GopaiYadavs/oShriNarayan Sirigh Yadav, -^ed 30 years, occupation Driver, R/o Shri Nagar Gudhiyari, Ward No.11, ftaipur, P.S. Khamtarai; Distf. Raipur (Driver of vehicle) Smt. Rajamma Swami, w/o Shri Karpa Swami, owner of vehicie M.P. •231GA. 4318, R/o. Kbamtarai, Raipur, District Raipur (C.G.) '•*•»-• • . . • •' • • . " • .. '.••..-.•''. •. \. The Orienta) Insurance Company Limited, through ^Branch Manager, BranGh Qffiee, Kamthi Uine, • Rajnan(iga6n (C.©.) i 173of1:heMotoi-VehiclesAet.1%8 :^ \ Si',..,. B ^a 1 JSf / Present: Shri Amiyakant Tiwari, counsei for the appeilants. None for respondents No. 1&2. Shri Prashant Jayaswal, Senior Counsel with Shri Shailendra gharma, counsel for respondent No.3. >th (S'" October,2810) The followina order of the Court was passed bv .5 The appellants are seeking enhancement of the compensation awarded by the Motor Accident Claims Tribuna!, Rajnandgaon (for short 'the Trjbunal') vide award dated 21.02.2004, passed in Claim Case No. 152/2002. 2) Asagainst fhe compensation of Rs.10,40,000/- claimed by the appellants/claimants, unfortunate widow, minor children and mother of deceased Ashok Jagne, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 23.03,2002, the Tribunal awarded a total sum of Rs.1,34,500/- as compensation along with interest ©6%per ^nnum from the date of flling of theclaim petition tillthe date of actual payment. ~ ^ . f '. ' ' "•: .' . : ... • . ; •'. '•'..• -: .. - :;- : 3) The Tribunal on a close scrutiny of the entire evidence led ->g< • •••... • . before it held that deceased AshokJaghe died on account ofthe injuries sustained by him in the motor accident 6n 23.03.2002; the aceident occuFred due to rash and negljgent|drivingi0rthe ^dnver of the offending vehicle Metador bearing registration ;,lgi:.;',.<)SdlilttrBlrllUlt«hjj:;••• .•;S;;E•;;;;^?-;-^'^':'?^.7?^^?®^ No.M.P.-23 GA/4318; as the aboye offending vehicle Metador on the date ofthe accident was insured with the Oriental tnsurance Company Limited and the Insurance Compaoy could not establish any breach of the policy conditlons, the Insurance Companywas liable to pay eompensation tothe claimants. 4) Asthe respondsnts have notfiled any appeal against the award, th'e above findinas recorded by the Tribunal have now attained finality. 5) The Tribunal assessed the income of the deceased at Rs.1,500/- per month and Rs.18,000/- per annum. By deducting the 1/3 of Rs.18,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.12,000/- perannum. By multiplying the annual dependency of Rs.12,000./- with the muttiplier of 10;the compensation was worked out to Rs.1,20,000/-. By awarding further sum of Rs.14,500/- under other.heads, the Tribunal awarded a total sum of Rs.1,34,500/- as compensation to the claimants for the death of deceased Ashok Jagne in the motor accident. The Tribunal furi:her directed paymentof interest 6n the above amount of compensation of Rs.1,34,500/- @ 6% per annum from thedate of '.,./•:.•' :.' .'•. • •". •'••'" .' '" • •'.'' •;'"..-- fiyng ofthe cjaim petition tilHhe date ofactual payment. .6) Shri Amiyakant Tiwari, learneci counsel forthe appellants submitted that the Tribunal has erred in not accepting the claimants' evidence aboat the income of the deceased ahd in •:assessing hjs income at Rs.1,500/- per montK arad Rs.18,000/- •^. per annum only; in selecting the lower multiplier of 10; and in awardlng low compensation of Rs;1 ,34,500/- only. 7) Shri PrashantJayaswal,tearnedSeniorCounselwithShri Shailendra Sharma.'learned coynsel for respondent No.3 the Oriental Insurance Company Limjted, on fhe other hand supported the award and contended that the compensation of Rs.1,34,500/- awarded by the Tribunal is just and proper compensation in the factsand cjrcumstances ofthe present case. 8) !n a motor accicient 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. 9) Nowwe shall examine as to whetherthe compensation of Rs. 1,34,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe presentcase. 10) True, the clajmants pleaded that deceased Ashok Jagne used to earn Rs.2,000/- per month as Helper in the Metadorand Rs.25/- per day as daily aliowance, the evidence led in that behalf was not ofclinGhina nature. Neittter the owner ofthe Mefador nor any of ,'His Manager was examiried before the Tribunal tij estabiish theincome of tffe deeeased tothat extent. In fact, the owner of the Metador in his written statement submitted before the Tribunal categbricallY pleaded that pnly a sym of Rs.1,50Q/- per monthiwas being paid to deceased Ashok Jagne as Helper hlS »til on the Metador. In this state of evidence, we do not find any infirmity in ttie assessment of the income of the deceased by the Tribunal at Rs.1,500/- per month and Rs.18,000/- per annum. 11) The claimants' dependency atso has been rightly assessed by the Tribuna! by deducting the usua! 1/3 ofthe income ofthe deceased towards his personalexpenses. 12) The multipiier of 10 selected by the Tribunal considering that deceased Ashok Jagne was aged about 45 years on the date of the accident is certainly on the lower side and requires reconsideration. 13) In ouropinion, multiplier Qf l4would be appropriate in the present case in view of the dictum of the Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another; reported in (2009) 6 SCC 121, wherein multiplier of 14 has been prescribed forthe age group between 41 -45 years. 14) By multiplying the annual dependency of Rs.12,000/- with themultiplierof 14, thecompensation works outto Rs,1,68,000./-. '../•'.• • . . ' • '. . • • . '. '...'•'••' :..':'. "" ' The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards loss of estate; and Rs.5,000/- for loss of consortium to the;, widow. The ctaimants, thus, become entitled to receive a totalsumofRs.1,83.000/- as ^-^^l^:,.^l^jgi^^^j| '^ •'"^? .-. )^.' .;•• . • ^•-.f f'K •l-:V^''-':a,:^=£-1-'' ,..''• compensation for the death of deceased Ashok Jagne in the motor accident. 15) Learned counsel-for the parties submitted tRat with a view to avoid any possible djspute between the parties about the period for which the claimants are entitled to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount ofcompensation may be quantified in this appeal itself. 16) Considenng all therelevant aspects of the matter including the delay in disposal of theclaim petition and the present appeal and the faet that ttie Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs.48,500/- at Rs.6,500./-. 17) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is altowed in part. The compensation of Rs.1,34,500/- awarded by the Tribunal is enhanced to Rs,1,83,000/-with further quantified amount, of interest of Rs.6,500/- on the enhanced amount of compensation of Rs.48,50W-. 18) Respondent No.3 The Orienta! Insurance Company Lifflited is granted jthree months' time fbr depositing the total sLim of ..Rs.55,QOO/- (Rs^48,500/- towards enhanced amount of ;;} !y;^i /y 1 't) S ^. ^ ^ yiast^^ 7 compensation + Rs.6,500/- towards quantified amount of interest on the enhaneed amount of compensation of Rs.48,500/-) before theconcerning Claims Tribunal. 19) Noorder as tocosts. Sd/- Chief Justice Sd/- R.N.Chandralcar Judge .ilnV 1111111 ^Ef^(SW^tiBiffi81B(ww"p"