HIGH COURT OF CHISGA HATTRH AT BILABPR U ‘ Comm : Hon’ble shri Sunil Kama: Sinha' and 1 - Ho’n’ble Shr‘i R. L. Jhanwar, JJ. Miscellaneous Appeal No. 1 1 17(2004 1. Smt Aaru Sharma Wd/o late Shn' Badnprasad Shanna aged about 35 year . 'Ku. Priya Shanna, D/o late Shri Badriprasad Shanna, aged abou 15 ycam, Ku Shardha‘ Shanna D/ o‘ late Shri _ Badnprasad Shanna, aged about 13 years, bhaya Sharma S/o late Shn Badnprasad Sharma aged about 11 years Ku Jagrn Shanna, D[o late Shn Badnprasad Shanna aged about 8 yeals Shubham Shanna, S/o late Shn Badnprasad Shanna aged about 6 ears ' Ramshjnhashan Shanna S/o late Shn' Shivraj Shanna aged abouti65 yeals, No2 to N06 are mmors through, helr mother No 1 Shnmau A111 Shanna Wd/o r late z Shn , Badnprasad Shanna, All res1dent of ~Mahant Ghas1das Ward Dhamtan r Dlstnct Dhamtan (CG) Versus 1. SaljuRam Vishawkarma‘S/o Shrir Jethu Ram V1Shawkarma R/o Gokulpur waxd Dhamtan D1sinct hamtar1(CG APPELEANTSI ‘ RESPONDENTS (Dn'ver of the Metadoor) ‘ s t . A . ' _; . ‘ y t D) Am'l Kumar S/o Shn' Chanula I Jain R/o Shastri square Dhamtari District Dhamtari(CG) (Owner of the matador} The National lnsurancc Compan ' Limited Kirshna‘ Complax, G.E.Road, Raipur(CG) LSahu, Gajanand R/o S/o Kanpa, Shli tshsil Bhuwan 8r. aist. lal Mahasamupd(CG) Jag Mohan S/o Shri GanguRam Sahu R/o Mohandl Hadab‘and, D1st Mahasamund(CG) (insurance). (Driver of the truck) (Owner of the truck) . The Onental Insuxance Company Korba Limited T.P.Nagar, Dist Korba(CG) (Insurénce) APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES AO‘I‘ > 1988 ‘ Appear ce Shn R S Patel counsel for the appenants Shrl S C Verma, counsel for Iespondent No 3 Shn A K Athale, counsel for respondent No 6 ORAL ORDER (07.12.2009) Per sunil Kama: Sinha, J. 1. The appellants/c1aimants have hled this appeal under Section 173 of the Motor Vehicles Act forv‘enhancement of the amount of compensation; awarded in Claim Case No 105/2004 by the’Additional Motor Accident Claims Tribunal, Dhamtan(CG) v1de award dated 30th July, 2004 2. The appellants] claimants, um‘ortunate- Widow minor children and father of the deceased- Badnprasad Shanna med a claim petition under Secuon 166 of the Motor Vehicles Act clmmmg compensation of Rs 20 50 OOOI- on” account of death of deceased Badnprasad Shanna 1n the dl y y ;m¢tor‘ accident, which ‘took place on 21.4.2001. e lclaimants pleaded that the deceased was déihg furniture business and was earning Rs.600/ - per day. He was aged labout ’40 yeaxs. The aeoident' tobk place, when 1ibe ‘Metador, in which, the deceased was traveling, was dashed against Ia statiohaty Truck. The Tribunal, therefore, eXonerated the owner, dliver and Insurer of the Truck Le. Oriental Insuxance Company Limited] ‘mspondent No.6 hemin and the owner, driver and insurer of the Metador ie National Insuxance Company Limited/respondent No3 were held respons1b1e for the payment of amount of compensation to appellants] claimants. iThough the claimants pleaded that the deceased was eammg Rs 600/ per day, but the ev1dence led in that behalfwas not of clinching nature therefore the Tribunal resorting to the notional income prescribed in 11nd Schedule under Section 163 A of the Motor Vehicles Act, held that the deceased was earning Rs 15 000] per annum On the bas1s of notlonal income prescribed in the 3 said schedule, after deducting 1/31‘1 towards personal K expenses of the deceased the dependency of the : appellants was worked out to Rs 10 000/ per annnm By applying multiplier of 16 to the aforesaid dependency of Rs 10 000/ , the compensation was worked to x Rs 1 60 000/ By adding a further sum of Rs 2 000] for funeral expenses, a total amount of Rs 1 62 000/ was awarded as compensation to the appellants] claimants on ‘ account of death of the deceased Badnprasad Shanna in the motor aCCident The Tribunal also awarded interest l a . " l attherateof6%perannum 7 ‘ 4. Shrl R S Patel learned counsel appearing on behalf of th appellants/claimants argues that the Tribunal erred in Th ‘ e . ssessing the income of the deceased ’ If the Tn‘bunal has sorted to the nononal mcome, 1t shoum have assessed a least Rs 24 000/ as the mcome of the deceased as th1s Cou On the other hand, learned counsel for the 1e§pecnv espondents oppose these arguments and supported the ward passed by the C1a1ms Tmbunal I .‘ have heard learned counsel for the partles at lengt I d have also perused the record of the Clalm Case p V ce the ev1dence regaxdmg the mcome of the deceased as not sausfactory, therefore, the ’I‘nbunal was mght 1n assessmg the mcome of the deceased on the ba51s of otlonal mcome The Tnbunal has taken the notional come of the deceased as Rs 15 000! per annum The nonal mcome of Rs 15 000/ was prescribed 1n the Ilnd chedule 1n the year 1994 Lookmg to the mcteased nces of essentlal commodmes and the cost of hvmg In etween the year 1994 and the year 2001 the Tnbunalv ght to have held the nononal mcome of Rs 15 000] prescnbed 1n the year 1994 as Rs 24 000/ m the year V 001 Whlch we have also held 1n many cases Themfoxe, we propose to re compute the compensanon by holdmg the Incomeof the deceased as Rs.24,000[ per annnm By deducting 1/3“? towards personal expenses of the eceased from Rs.24;000/-z the dependency. of the appena‘nts is worked eut to Rs.16,000/-. The rebenal, ooking to the age of the deceasediie. 40, years as also nghtly adopted the multiplier of 16 By r applying V mult1pl1er of 16 to the annual dependency of Rs 16 000/ , the compensatlon works out to Rs 2 56 000/ By addmg a further sum of Rs. 10,000] — under 3ther permissrble a re t rt has held 1n many cases, m whlch the acoldent occulred 1n the year 2001. e r a We h an Sm ‘ w ooking to the age of his widowand minor children, has l "' ‘ 2 n m no S p 5 b h ou d l l ,87/m47h "/ / unIlKum Judge ggnha \J }; ‘ \ KL. Jhanwar S E JP heads, the total amount of compensaion works out to Rs.‘2,66,000/-. The Tribunal has already, awarded a sum of Rs.1,62,000[-. By deducting a sum or Rs.1,62,000/- mm Rs.~2,66‘,000/-, the balance of compensau‘on comes to Rs. 1,04,000/ —. The appellants/claimants, thus, a‘re entitled to mceive a sum of Rs.1,04,000/- as the enhanced amount of compensation on account of death of deceased :Badnprasad Shanna m the motor acc1dent To avmd further complications and looking to the delay caused m d1sposa1 of the Claun‘ Pet1t10n as also the claimants’ appeal and that the Insurance Company alone _ cannot be blamed for such delay, we deem it appropriate ‘ to quantify the interest, which we quantify as Rs. 10,000[ - on t the enhanced ’ amount of compensation of ‘ " Rs 1 04 000] m th1s matter The appellants/clalmants are entltled to recelve a sum of Rs 1 14 000/ more (Rs 1 04 000/ as the enhanced ‘ amount of compensation and Rs 10 000/ as the amount ‘ of quantitied mterest on the enhanced amount) n‘om respondent No.3] National Insurance Company. Respondent No.3 is granted 3 months time to deposit the ‘ afOresaid amount before the concerned Claims Tribunal, failing which this amount of Rs 1 14 000/- shall carry _ ‘L mterest at the rate of 6 % per annum for the period ‘ commencmg after lapse of 3 months from today till its realization. The appeal is allowed to the extont indicated above. There shall be no orders as to the costs. - Sui- n {N‘ ’i Sdl— ~/ /«*’i A.» 10. “11. ' 12. ' 13. /, t