HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH a> CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 1072 of 2009 Appellant Claimant Respondents Arjun Singh S/o Bodhan Singh Kashyap, aged about 64 years, Retired Government Servant, FVo Near Shiv Mandir, Pathraguda Para, Jagdalpur, Distt. Bastar (C.G.) VERSUS I Sardar Kamaljeet Singh S/o Mahendra Singh, aged about 50 years, Occupation - Tour and Travels, Kachheri Chowk, Madina Manjil, Raipur, Through - Mahendra Tour and Travels, New Bus Station, Pandri, Raipur (C.G.) (Owner) 2 Rajjak Baksh, S/o Mahaboob Baksh, Musalman, Aged about 53 years, Driver Bus No. C.G.-04/ZA/0433, Through - Mahenda Tour and Travel, New Bus Stand, Pandri, Raipur (C.G.) 3 The Oriental Insurance Company Limited, Branch - Raipur (C.G.) (Insurer) Misc.ADpeal under Section 173 ofthe WIotorVehicle Act. Present: Shri Subhash Yadav,counsel for the appellant. Shri AK Athaley, counsel for responcjent No.3. ORDER ISt (1s(August,2011) The following order of the Couri: was passed by 1 Rajeev Gupta, C.J. ff MAC.NO. 1072 of 2009 f-, This is claimant's appeal for enhancement of the compensation awarded by the Motor Accident Ciaims Tribunal, Bastar at Jagdalpur (for short 'the Tribunal') vide award dated 02.07.2009, passed in Claim Case No.14/2008. 2) As against the compensation of Rs.22,20,000/- claimed by the appellanV claimant, unfortunate father of deceased Thakkar Singh, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 25.11.2007, the Tribunal awarded a total sum of Rs.88,000/- as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a closescrutiny of the entire evidence led before it held the Oriental Insurance Company Limited, the insurer of the offending vehicle Bus bearing registration No. C.G.04 ZA-0433, liabte to pay compensation to the claimant 4) As the insurer of the offending vehicle Bus has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal assessed the income of the deceased at Rs.100/- per day and Rs.2,600/- per month. Bydeducting 50% of Rs.2,600/- towards the personal expenses of the deceased, the claimant's dependency was assessed at Rs.1,300/- per month and Rs.15,600/- per annum. By multiplying the annual dependency of Rs.15,600/- with the multiplier of 5, the compensation was worked out to Rs.78,000/-. By awarding further sum of Rs.10,000/- under other heads, the Tribunal M.A.C.No.1072of2009 a^^ "~f awarded a total sum of Rs.88,000/- as compensation to the claimants for the death of deceased Thakkar Singh in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.88,000/- @ 7,5% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Subhash Yadav, learned counsel for the appellant submitted that though the Tribunal has correctly assessed the income of the deceased at Rs.2,600/- per month and the claimant's dependency at Rs.1,300/- per month and Rs.15,600/- per annum, the multiplier of 5 selected by the Tribunal is on the lower side. 7) Shri AK Athaley, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Bus, on the other hand, supported the award and contended that as the sole claimant in the case is aged about 64 years, the compensation of Rs.88,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Though learned counsel for the appellant has not challenged the assessment of the income of the deceased by the Tribunal at Rs.2,600/- per month and the claimant's dependency at Rs.1,300/- per month and Rs.15,600/- per annum, for our satisfaction, we have examined the entire material available in the Tribunal's records about the income of the deceased and we are satisfied that the Tribunal has rightly assessed the income of n M.A.C.No.1072of2009 the deceased at Rs.2,600/- per month and the claimant's dependency at Rs.1,300/- per month and Rs.15,600/- perannum. 9) Nevertheless, the multiplier of 5 selected by the Tribunal in view of the dictum of the Apex Couri: in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, repori:ed in (2009) 6 SCC 121 is somewhat on the lower side and requires reconsideration. 10) Claimant Arjun Singh, father of the deceased was 64 years of age on the dateof the accident. Deceased Thakkar Singh was aged about 25 years on the date of the accident. 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 prescribes multiplier of 7 for the age group between 61-65 years. . In our opinion, multiplier of 7 would be appropriate in the present case. 11) By multiplying the annual dependency of Rs.15,600/- with the multiplier of 7, the compensation works out to Rs.1,09,200/-. By adding the further sum of Rs.10,000/- awarded by the Tribunal under other heads, the claimant becomes entitled to receive a total sum of Rs.1,19,200/- as compensation for the death of his son Thakkar Singh in the motor accident. 12) The claimant is further awarded a sum of Rs.3,800/- towards quantified amount of interest on the enhanced amount of compensation of Rs.31,200/-. 13) For the foregoing reasons, the appeal filed by the appellant/ claimant for enhancement of the compensation is r My II M.A.C.No.1072of2009 allowed in part. The compensation of Rs.88,000/- awarded by the Tribunal is enhanced to Rs.1,19,200/- with further quantified amount of interest of Rs.3,800/- on the enhanced amount of compensation of Rs.31,200/-. 14) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.35,000/- (Rs.31,200/- towards enhanced amount of compensation + Rs.3,800/- towards quantified amount of interest on the enhanced amount of compensation of Rs.31,2007-) before the concerning Claims Tribunal. 15) No order as to costs. a. Sd/- Chief Justice Sd/- Rangaath Chandrakar Judge r