D.B.: H0N5BLE Mr. JUSTiCESUNiL KUMAR SiNHll & HON’BLE MF. JUST!CE R.L. JHANWAR MA. No.829I2D0§ IKPPELLANTS 1 Smt. Pratima Bai, W/o Late‘ Sahtosh @ Ashok Kumaa“, Aged about'32 years Niraj. Kumar, Sio Lat Santosh @ Ashok Kumar, Aged about 15 yea? Ku. Gomti Bai,, Die Late Santosh @ Ashok Kumar, Aged about 1O years Ku. 'Pcbnam, D/o Late Santosh @ Ashok :Kumar, Aged about 8'years Devrishi Kumar S/o Late Santosh @ Ashok , Kumar, Aged about 8 years (Guazdian‘for appeiiant N02 to 5, Through Pratima Bai Jhaduram S/o Arjun Singh, Aged about 65 years Smt. Brujbai, W/o Jhad Aged about 58 years AllR/o Viliage Dhoba'ni (B), P.S. ‘Batod, District“ Durg ice.) Vereus Sahdeo Singh S/O Bholenath Singh, aged about 28 years, R/o Sector-20,§*§E’ampuru Coiony Raureketa, P.S. Sector—19, . _ t RESPGNDENTSV Distt. Surendragarh (OrieSa)’ ‘A present Shobhyam Mining Head Office, Shastri Chowk, Raipur, P.S. Civil - Line, Raipur, Dtstrict Raipur €€§,.*G.) M/s.‘ .Anupchand "an u d Associated Private Ltd, Shastri t Chowk, Raipr, District Raipur (0.6.) HEGH COURT OF CHHATTISGARH AT BILASPUR e uram, 2 NLA. ‘ No.829i2a05 ,3'The New lndia Insurance Company Ltd., Registered Head Office),. New india Insurance Building No.87,. Mahatma Gandhi Road, Mumbai(MS) MtSCELLANEOUS APPEAL UNDER SECTION 1T3 OF THE MOTOR VEH!CLES APT Appeafance: Mr. Santosh Yadu, Counsel for the appeHants. Mr. Vimiesh Bajpayee CoUnseI for respondents 1 & 2 Mr. Shailendra Shame, Counsel for respondent No.3: ORAL ORDER ‘ (20.04.2li11) The following order of. the Court was passed by Sunil Kumar Sinha, J. L The appellants/claimantshave filed this appeal for enhancement of compensation awarded in Claim Case Nol79i2003 by the Additional Motor Accident Claims TribLinal, Baiod District Burg Vide award dated 29m or January“, 2005. The appellants/claimants, unfortunate widow, minor, children and parents of deceased —Santosh @ Ashok Kumar, filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.9,55-,000/- for his death in the motor accident which took piace on 23.05.2003, when the deceased Was dashed by the offending Tripper bearing registration No MP23/DA/1640 on account of rash and I negligent dnvmg of the said Tripper by its driver The appellants pleaded that the deceased was a skilled labour and was earning Rs.25001— per month. The Tribunal held that the accident'occurred on account of rash and negligent drivmg of, the offending Tripper by its driver and the owner and driver of the offending Tripper were liable to pay compensation, ‘ because,‘ the insurance olicy of the Tripper had expired prior ‘ » ; ; ‘ p : 3, MA. No.829i2005 o h ate 0f ace The Tunai ot opt ulpher ‘ ‘_ sm nd a lum $um amount of R O OO/— s waed o he llaslas for deat f decese he tor unl iso awared ntrest @ pe nu rom te da o t lam Ie 6% r anm f h te f filing of he ci petition til he te 0f t l t da actual paymen M Satos Y learne counsel pean on behalf of appeln d that h Tnl out t have apte uler st ad the amount of copensaon ught to a deterd He als took u to the e led h ar L7 O te r d Mr alpe d r h h othe han Vimlesh Baye an M ’ er a lr csel apan on bhalf of th epe e pose te rgume nd e rsctive rspondents opd hes ants a pport he ar th Cls bua v e use or e pare a lengt n hae lso eru ors f the cl cas The Tribunal hs awa sum pesatio to a rded lump comnn the aelants fr the deah f eced C, hok ppl o t o dase Santosh As Kuar n th otr c w t place on 2 0 00 W d no r he oh te Tuna L a he a t una ougt t have . . r sys ermng he compensan The ll ha eade tat the eceasd s a lour nd h a rg 500/ per mon , skilled ao a e ws eanin Rs 2- th a B -1), e f th deas so stae a 4 of vin at her n as arg R 250/— mnt I a f he ros xman she s 0 per oh n pra 9 o r cs eaintio osed at hsba gng / er da he eased w e labou e are of the e y 0 h eceas must e earng R 6- 7- p d Thee e oe to r oput 0/ er ay rfore w prpos e cme the compsati by ding he Ince of th da as enon hol t om e ecesed 006 r nt and OO nnum By ‘ ‘ t te d cidnt nb did n ad mti f . syte a p s 1 5 G wa I ard t t appent/caimnt the h o the ad m t mo accident The Triba a d r nh adu d aprig the lats argue te ribua gh o dod mtipli syem n mtt o hve been mme o s ewdnoe by te pties Sharlnda Shrma eaned oun perig e ‘ sued t awd passed by e aim Trinl We hae heard learnd conl f tn tis t h ad v a psed the recd o arm e m I e mo acident hrch ook 3 5 23 e o t appove t above apprac of h ribl We _ re of t Vlew tht he Trrbl h o applied multtplre tem whrle dternl t tio appeants ve pxd h de wa Prtrma ar (AW wrf o e eced, has al tdrn par her edece th husbad w enrn has dep th her und was etti Rs 60 70- p y T dce as a skilld r W View that In th ear 203 te ded b ni s 5 Rs 2/- pe moh Rs 24 O/- per a 4 MA. No.829i2005 deducting the usual “3” from‘Rs.24,000/-, the dependency of the appellants works out t9 Rs.16,000l— per annum; The deceased was 'aged about 37 years. In View of the judgment of Sarla Verma (3mm and others vs. 'Deihi Transport Corporation and another. {2009) 6 S.C.C. 1214, we deem it appropriateto apply multiplier of 15 in this matter. By applying multiplier of 15 to the annual dependency of Rs.16,DOO/-, the compensation, thus, works out to Rs.2,40,000/—. By awarding a further sum of Rs.15,0GO/- under other permissible hea'ds, the total amount of compensation works out to Rs.2,55,000/—, which the appellants are entitled to receive on account of death of the deceased in the motor accident on 23.05.2003. The Tribunal has already awarded Rs.1,05,0001—. By deducting Rs.1,05,000/- from Rs.2,55,000f—, the balance comes to Rs.t,'5Ci,0{JO/-, which the appellants are entitled to receive as the enhanced amount of compensation from respondents 1 & 2 for the death of deceased— Santosh @ Ashok Kumar in the motor accident. The appetlants would be further entitled to receive interest @ 6% per annum from the date of nling of the claim petition titi the date of actua payment. i .' k I ft: v i The appeal is allowed to the extent indicated “above. N order as to costs. WW1 Su’L ' . ' i/ R-L-‘Jha-nwarr‘: Sd/ \Judge it i . i i ox. .\ i ‘ l o ‘