E§GH CGLER? 6F C§§=§£T?i$GAEI-E A? E§i£S?U§ EiWSiCW EEQ‘GQ‘H € QQRAW‘: HOWELE $HR! RAE "V QQPTA, CJ. HGN’aLE $HRE R§N$P¢ATE $%‘§ NBRAKAR,J isc Anneai féa‘3?§ a? 2mm Biiaspur (CG) Mé§ce§iaaeous Aweai ander Seciian “£73 ef Maa‘ar ‘u‘ehickg Ac€ Present : Shri Gauiam Kshet‘ranai‘ counsei forfhe appeiiant‘e. None fer responueuta No.1 and 2. Shré S‘emabh Sharme and Shri Aditya Sherme, A wuunacx nova“! fu: nv vAay/s l=¢yGnuent A a luau. nlrua r. fxlA '§ a. OREER {em septembee 2%}; A3BeEEants Sam} Bixit, Wd/o Late Bhagwati Fla' ulaima§i$ Prasad, ageof about 43 years ‘- Ku Priva Dixit. D10 $antosh Aged about 1‘; yéarS, Mma? ‘zhraugh" iiama; L. .. l a Guardian mether Sam; {mat Both RIG Near Pani Tanki opp Kududand Schsoh Moha:ia, Kududand, Pb Civil Line. Tahsii and Distt Biiaspw (/‘r\\ \vw VERSES? V Rasmmems Jeet Ran YaGav S/o Punniram Vaclav. Pwi UHVEI’ aged about é? years, RIG Viki Khamhanya: PS Jarha Gaon, Tahsii kn iVIQJi‘ig’cn, I ~.-.H umtiib‘i Ainémgt DilnA Dxiaa§iif \vu; (I‘f‘w Cwner Nirmaia Bai, Wis Ramkaé Prajapaii, Aged ab6u% 4S years RIG £fra. PS CM} insurer 3. Line Distt‘Biiaspur (Cg) Orientai insurance Campanv Ltd.. Thro.gh Bram}. Mam'ger: D%s‘t% The fo§lewing os'der of the Cour? was passed by Rajew Gama, QJ. G This is maimants‘ appeai for enhancemem cf the campeasr‘atmr: awardecé by ’a:in.e 2"“ Additionai Mate: Aegiden’i Ciaim$ T¥ibunaL Biiaspur (for short ‘iha Tribunaii) vsde award dated 3G.G8.2GG2, passed in Claim Ca$e No.58l2DG2. 2') As againsfthe compensamn 0f ?2.?G.GDGI- claimeé by the i appeiiantsiciaémants, unfartunate mether and niece of deceased : Ashok @ Gully Exit by filing a claim petlilon under Sectlon 16S of the Motor Vehicles Act, for his death in the motor aooidenl on l 8.12.20GG, the Tribunal awarded a toxel sum of Re.1.58,675.7®os as oompenea‘zion to the olalmanis aloag with lnfereat (of; 9% oer annum from the date of the filfno of the ola’rm oefirlon tlll the date of actual Davment. 6; The Tribunal on a oloee sorutlrw of the entire evidence led before if held the? deceased Aehok @ Gully Dlxl’t dfed on 18.12.2306 on account of the injuries eustelhed bv hlm in the motor accident on 08.12.2OG0; the accident occurred due io rash and neglfgent driving of the driver of the offending vehioie Tractor l Troiiey bearing registration NoMH-‘ZG-EIEB’G’H as the effertding vehicle Tractor/Trolley on the date of the accident was insured with the Qriehtal insurance Company Limited, the Insurance Company was liabie to pay compensation to the claimants. 4} As 'zhe resgwndents have nct' fiied any appea? against :he award. the abave findings recsrded by me Tribunai have haw G attainaa finaiifty. ‘ 5) The Tribunal assessed *zhe inecme of the deceased at Rs.18,GDQ/~ per amum. By deducting 1.13m sf Rs.18,QDQ/- trawards ths- pemonai expenses of the deceased, the Ciaiman’i‘s dependency was assessed at RsiZGQW— per annum. By mumpw'ing {he annua§ V dependency ef Rs.12,000i- with the muaipiia 0f 12, ihe qompensation was worked out Te Rs.1,44:069 /—‘ By awardmg further sum of Rs.2.845.700s tcwards medicai exeensee; Rs.5,0GGI— for less of iove and effeczien: RsE,CCG/— fer pain emd sufferind: and Rs.2.DOGJ- tewai'ds funera‘i exeenses, the Tribunai awarded a totai sum of Rs.1 58,645.70ps as campensation to the claimanis fo¥ the death o? deceased Ashek @ Guliy Dix§t in tee meter accident. The Tribune! further directed payment of interest an the above emeunt cf comeeesatron or" Fig.1 £8,545.70ps @ Q96 eer ennum from the date of the 'f§ling ef the ctaim eetitioh tm the date of actuet payment. s 6) Shri Gautam Kshetrapel, learrred courtsei for the eppeliants vehementty argued that the Tribunal has erred in awarding iew compensation of Rs'i ,58,645.7Dpe onty. 7‘; Shri Seurabh Sharma and Shri Aditya Shanna, reamed i-\ couneei for respondent No.3 the Crienta; é x >Ineurance Company Lrmited, on the other hand summoned the award and contended that the sempeneatton of Rat 58,845.7(3ps, awarded hy the Tribunat ie l med and proper compensation in ihe facts and cimumstancgs of the present case. 8} In a mator accident claim case What is imponani 1e that the compensatécn to be awarded by the {Courts ,1 Tnbunaie shame be just and proper compensation in ‘Ihe facis and oiroumsiancee of ihe case. It shouid neiiher be a meager amount of compensation, nor a V . a bonanza. 9') Now, we ehaii examine as to whether t‘ne compeneatien et‘ Rs.1,58:545.7i3ps awarded by the Tribunat is just and proper compensation in the facts and circumstances of the present case. t 10) Deceased Ashok @ Guity Eixit was aged about 30 years on the date of the accident The ctaimants pteaded that he used ta earn Rs.3;UOC/- net month by working as an Accountant En a private firm Asma Marketing, Biiaspur. it is a different matter that the evidence ied by the ctaimants about the income of the deceased was not of ciinching nature and as such, the Tribunai assessed his income at Rs.’i$,GGO/- per annurn on its own estimate. "Ciaimant No.1 Smt Saroi Dixit is mother ot deceased asshok @ Guiiy Dixtt. She was aged about 46 years on the date of the accident. As her ‘ husband has died prior to the acctdent, she was whotiy dependant on her deceased son Ashok (it; Guiiy Eixit. The Tribunat though has awarded compensation under several heads, it has not awarded any sum towards toss of estate. tt) The compensation of Rs.1,58:545.7crps awarded by the Tribunai when examtned in the context 0t the above mentioned ‘road features ot the case and the tact that ciaimant i Um @ No.1 $mi Sara} Dixit was whoizy dependent on her deceased son Ashak @. Guily Eixit, m our opinioa, is certainw 0n the iower side and desewas t0 be enhanced to some exteni. 1?} Cansidering aii the reievam aspects 0f the matter, we are 0f the amnion that funher aware of Re.21,GGD/~ inoiusive of intereef component on the enhanced amount of compensation wouid make the compensaEEon of R31 58,645.7éps awarded by the Tnbunai as 5 1 V o met and Drona comoeneation in {he facts and circumstances of ine DE’eSGni GaSe. . ’g3} The- appeai f§§ed by fne appeliantelclaimams foi' enhancement of the comoeneaEion, therefoi’e, is a%§owed in pan. The ciaimante are awarded funhef sum of §s21 ,GQGI- incmsive of Enierest component on the enhanced amount of compensation in addmon to the sum of Rsi 58.645.7Gps awarded by the TribunaE. 14) Respondent No3 the Onentai Insurance Company Limited is oranteoi three months? trme for depositing the total sum of R321 .Qooi- before the concerning Ciaims Trtbunai. 15) No order as to costs. 3d]- Chief Justice padma ,