/ir-V l.yjC"3a, ISaa CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI SUNiL KUMAR SSNHA. J. Clalmant 3 4 Bai, Wtdow of Si Bhurwa Nlshad, aged about 38'|years, resident of village-Bendri, Post-Urla, Tehsiiand District Raipur(C.G.): Bhagwan Das, | son of Kliorbhara Satnami, resident of Viliage -| Tulsi Baradera, Police Statjon Mandir Hasaud, Tehsil and district; -l^aipur (G.G.51 : ^ ! , i: u|;; :M: B.Ramiu, son of B.Krishtoppg, r^gicient of Chobey Colony Raipytj (C.<3.)| The Oriental Insurance Co Divisional Office, Raipur (C.G.) | Ltdi Kamlesh Kumar Jaswani, son dfiRawle Das Jaswani, resident of Miahasati Ward, Bhafhapara, District -| |:?aipur (C.G.) : . |: j :. ;: Shakunbai, wife of Suresh, reslicjent of Village—Sondra. Police .St^ion - Dharsova,DistriGt-Raipur(G.(3.^ 1 ShriAwadh Tripathi and Shri Vasim Miya, coun| the appellantl. ; : • . :| None for resgonaent& No.1, 2, 4'and 5. Shri Sudhir Agrawal anU Shri P Dutta, counsel | respondent T|o.3., . ,r . - : ^ 1 , t'|fQr ^ •»^/ l';te..Si<3i 2 »nd The fol order of the Court was passed by This is claimant's appeal for enhancement of the compensation awarded by the 9 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 19.04.2003, passed in Claim Case No. 17/2002. , I 2) As against the compensation of Rs.6,60,(X50/-, claimed by appeliant/claimant, unfortunate widow of deceased Sukhdsoi Bhunwa Nishad by filing aclaim petitionunderSection 166 Motor Vehicl^s sAct, for his ^death ih the motor accidenf|:on 23.02.1999, the Tribunal awarded a total sum of Rs.1^25,00©4|as compensation aiong with interest @ 6% per annum from the datp of filing oftheclaim petition till the date of actaai payment. the fhe 3) The Tribunal on a close scrutiny of the entire evidence before it held that deceased Sukhdeo @>. Bhuwa Nishad account of the injuries in the motor accident on 23.02.1999; accident occurred due to rash and negligent driving of the driver the offending vehicle dumper bearing registration No.MPQ-3991| the above offending vehicie dumper on the date ofthe accident insured with respondent No.3 the Qriental. Insurance Complany Limited and the Insurance Cpmpanycould not establish any bij on |the of i as Was lach of the policy lconditiQns, the ;lnsurance Company was liable to;|3ay the compensation to the claimant. "i ^ ,'•:< l!l;!lrl &1 4) As the respondents have not filed any appeal against the award, the above findings recorded by .the Tribunal have now attained finality. 51 The Tribunai assessed the income of the deceased at Rs.2,000/- per month and Rs.24,000/- per annum. By dedueting 50% of Rs.24,000/- towards the personal expenses ofthe deceased, the daimant's dependency was assessed at Rs.12,000/- per annum. By multiplying the annua! dependency of Rs.12,000/-with multipiier of 10, the compensation vvas worked out to Rs.1,20,pQO/-. By awarding further sum of Rs.5,000/- unde^ other heads, Tribunal. awarded a total sum of Rs.1,25,000/- as compensation to the ciaimants for the death of deceased Sukhdeo @ Bhurwa Nishad in the motor accident. The Tribunal further directed paymw^ of interest on the above amount of compensation of Rs.1,25,B00/- 6% per annum from the date of filing of the claim petition ti date of actual payment. 6) Shri Awadh Tripathi and Shri Vasim Miya; learned counsel for the appellant submitted thatthe Tribunal has erred in not acGgj^ing the claimant's evidence about the income of the deceased and'in ths the the assessing his income at Rs.2,000/- per month and Rs.24,OQOi( annum only; in deducting 50% of the income of the dec^^eci towards his personal expenses; in selecting the lower multt|j)l|er of 10; and in awarding low compensation of Rs.1,25,0007- only.| 7) Shri Sudhir Agrawal and Shri P Dutta, learned couns^i! fpr respondent No.3 the Oriental Insurance Company Limited,,p|i|1jh| other hand. supported the award and contended t(iat p®r Ihe: Ky y^i ^SK. B ^^/-"""•^ j W"M t?'i i:.%l.\!ll '~^^'^" S!|- BS i: ii itlii :1 compensation of Rs.1,25,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) True, the claimant pleaded that her husband Sukhdeo @ Bhurwa Nishad used to earn Rs.200/- per day as Mason, the evidence led in that behalf was not of clinching nature. We, therefore, do not find any fault in the approach of the Tribunal iri discarding the claimant's evidence about the inoome i ii of the deceased and in assessing his income on its own esfimate at Rs.2,000/- per month and Rs.24,000/- perannum. 9) The deduction of 50% of the income of the deceased i by thei Tribunal towards the personal expenses of. the deceasejd alsol cannot be found fault wiffiiin view dfthe fact that there were |0|njytwp i \'. '. '• . [ members in the family dependent on the income ofthe dece^sed i.e.! \: .1 thedeceased himselfandthesoleclaimant, hiswidow Kewifi pai, l 10) Themultipiier of 10selected by the Tribunai is certainly on the • l:i. • ' - iower side in viewof the fact that deceased Sukhdeo @!Qhurwa! i ; •:.'': Nishad was aged about 55 years as shown in his postmortem amj' 1 ' the dictum ofthe Apex Coyrt in the caseofSarla Verma (Srr^t) and^ others Versus Delhi Transport Corporation andanothec tie^prted in (2009) 6 Supreme Court Cases 121 prescribes multipiier|of;iT1i fortheagegroupbetween51-55years. . 11) By multiplying the annual dependency of Rs.12,000/-\jvtifi f:he| multiplier of 11, the compensation works out toRs. 1,32.000^.1 claimant is; further ^ntitleci 1:0 receiye Rs.5,000/- tcwards |fil expenses; Rs.5,000/- for lossi of estate; and Rs.5,OQD/-' for |t|Ssil •it il, m »!KW 11:n iill m' padma consortium to the widow. The claimant, thus, become entitled to receive a total sum of Rs.1,47,000/- as compensation for the death of her husband Sukhdeo @ Bhurwa Nishad in the motor accident. 2) The claimant is further awarded a sum of Rs.3,000/- towards tified amount of interest on the enhanced amount of compensation of Rs.22,000/- 13) For the foregoing reasons, the appeal filed by the appellanV clsimant for enhancement of the compensation is allowed in part. The compensation of Rs.1,25,000/- awarded by ihe Tribunal is enhanced to Rs.1,47,000/- with further quantifiqd amount of interest of Rs.3,000/- on the enhanced amount of compensation of Rs.22,000/-. 14) Respondent No.3 the Oriental Insurance Company Limjted is grarted three months' time for depositing the total sunp of Rs.25,000/- (Rs.22,000/- towards enhanced amouni: compensation + Rs.3,000/- tov/ards quantified amount of interest on the enhancedamount of compensation of Rs.22,000/-) before the concerning Claims Tribunal. of 15) No order as to costs. SdA Chief Justfce Sd/- Sunil KumarSii<tei Judge