..-^^^s, ^"^ "^^ ^.c^ <^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (Cl No. 510 of 2009 Appellants Claimants 1. Smt. Rukmani Bai wife of Ram Prasad Sahu, aged about 50 years, 2. Dinesh Kumar son of late Ram Prasad Sahu, aged about 25 years. 3. Chandresh Kumar son of late Ram Prasad Sahu, aged about 23 years. 4. Ku. Laxmi Bai d/o late Ram Prasad Sahu, agead about 18 years, 5. Ku. Maheshwari d/o late Ram Prasad Sahu, aged about 16 years, 6. Babu Lal s/o late Ram Prasad Sahu, aged about 14 years, No. 5 and 6 are minor through their natural guardian and mother Smt. Rukhmani Bai wife of late Ram Prasad Sahu, r/o Shankar Nagar, Town, Tahsil and district Rajnandgaon C.G. VERSUS Respondents Non-applicants Rajendra Singh s/o Dhur Singh Thakur, aged about 42 years, v/o village Adhiyakore, district Durg, through P.N. Shukla,122, Adarsh Nagar, Town, , Tahsil and district Durg C.G. P.N. Shukla son of D.P. Shukla, aged about 65 years, r/o 122, Adarsh Nagar, Town, Tahsil and district Durg C.G. ^.^" ^} ^ 3. The New India Insurance Co. Ltd. through Office of Divisional Manager, G.E. Road, Thakkar Chamber, Power House Bhilai, district Durg C.G. Misc. Abpeal under Section 173 ofthe Motor Vehicle Act. Present: Shri V.K. Sharma, counsel for the appellants. Shri A.K. Athaley, counsel for respondent No.3. ORDER (13th July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide ^Ward dated 23.01.2009, passed in Claim Case No.117/2007. 2) As against the compensation of Rs.30,40,0007- claimed by the appellants/ claimants, unfortunate widow and children of deceased Ram Prasad Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 05.06.2007, the Tribunal awarded a total sum of Rs.2,01,500/- as compensation along with interest @ 6% per ^nnum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the New India Insurance Company Limited, the insurer of the offending vehicle Minibus bearing registration No.C.G.04/E-0313 liable to pay compensation to the claimants. saiij a^ 4) The Tribunal assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3 of Rs.36,000/- towards the persona! expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 8, the compensation was worked out to Rs.1,92,000/-. By awarding further sum of Rs.9,500/- under other heads, the Tribunal awarded a total sum of Rs.2,01.500/- as compensation to the claimants for the doath of deceased Ram Prasad Sahu in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,01,500/- @ 6% perannum from the date of filing of the claim petition till the date of actual payment. 5) Shri V.K. Sharma, learned counsel for the appellants vehemently argued that the Tribunal has erred in selecting the lower multiplier of 8; in awarding only Rs.9,500/- under other heads; and in awarding low compensation of Rs.2,01,500/- only. 6) Shri A.K. Athaley, learned counsel for respondent No.3 the New India Insurance Company Limited, the insurer ofthe offeding vehicle Minibus, on the other hand, supported the award and contended that the compensation of Rs.2,01,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances V7 ^ of the case. It should neither be a meager amount of compensation, nor a Bonanza. 8) Now we shall examine as to whether the compensation of Rs.2,01,500/- awarded by the Tribunal is just and proper eompensation in the facts and circumstances of the presenl case. 9) Deceased Ram Prasad Sahu was shown tobe 55 years of age in his postmortem report. He was working as a Security Guard in Yuganthar School, getting salary of Rs.3,000/- per month. In our opinion, the Tribunal has rightly assessed the income of the deceased and the claimants' dependency. The multiplier of 8 selected by the Tribunal considering the age of the deceased and his widow is certainly on the lower side and requires reconsideration. The sum of Rs.9,500/- awarded by the Tribunal under other heads is also on the lower side. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.60,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.2,01.500/- awarded by the Tribunal as just and proper compensation in the facts and qircumstances of the present case. 11) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is allowed in part. The claimants are awarded further sum of Rs.60,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.2,01,500/- awarded by the Tribunal. subbu 7>\ 12) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.60,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge ^IINN**'