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. 1226 of2008 Appellants Respondents 1. 2. Madan Lal S/o Ram lal Sahu, aged about 40 years. Smt. Rajani Bai W/o Madan Sahu, aged about 38 years. Lal Both are residence of villabe Bodara, Tahsil and Distt. - Dhamtari (C.G.) VERSUS Dinesh Kumar S/o Atul Bangali, aged about 26 years, r/o Subhash Nagar Kirandul, Tahsil - Kirandul, Distt. - Dantewada (C.G.) (Driver of the Vehicle No. CG-18 H- 0529) K.A. Papchan S/.o K.D. Anthoni, through A.K. Construction Private Ltd. Tahsil - Kirandul, Distt.- Dantewada (C.G.) (Owner of the vehicle No. CG-18 H- 0529) The New India Insurance Company Ltd. Branch office Jagdalpur, R.D.A. Building Bajrang Market Raipur, Distt.-Raipur (C.G.) (Insurer ofthe Vehicle No. CG-18 H- 0529) Appeaj under Section 173 of the Motor Vehicle Act. Present: Shri Sunil Sahu, counsel for the appellants. Shri Q. Aziz and Shri G.V.K. Rao, counsel respondent No. 3 for '\- ^r^ ^•S f ,y N, (^' ORDER (16th June, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate parents.of deceased girl Ku. Kavita are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 28.06.2008, passed in Claim Case No. 139/2007. 2) As against the compensation of Rs.11,10,000/- claimed by the appellants/claimants, unfortunate parents of deceased girl Ku. Kavita, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 09.10.2006, the Tribunal awarded a total sum of Rs.60,900/-as compensation along with interest @ 6% per annum from the date offiling ofthe claim petition till the date ofactual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Ku. Kavita died on account of the injuries sustained by her in the motor accident on 09.10.2006; the driver of the Truck/Tanker and the motorcyclist both contributed to the accident to the extent of 70% and 30% respectively; as the above offending vehicle Truck/Tanker on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the ^:^^^^^ ^^^^ fL2 ^ 1 1 1 ^'~':'V J ^..'^y "^^.^^^" policy conditions, the Insurance Company was liable to pay 70% of the compensation assessed to the claimants. 4) The Tribunal assessed the total compensation at Rs.87,000/-. As the driver of the Truck/Tanker was held liable to the extent of 70% for the accident, the insurer of the Truck/Tanker was directed to pay 70% of Rs.87,000/- i.e. Rs.60,900/- as compensation to the claimants for the death of their daughter Ku. Kavita in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.60,900/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 5) Shri Sunil Sahu, learned counsel for the appellants submitted that the Tribunal has erred in awarding low compensation of Rs.60,900/- only. 6) Shri Q. Aziz and Shri G.V.K. Rao, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Truck/Tanker, on the other hand, supported the award and contended that the compensation of Rs.60,900/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 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 of the case. It should neither be a meager amount of compensation, nor a Bonanza. !y ^' ^:-^ 'l^ '%.,.. ^^.// ""^^•s^^ 8) Now we shall examine as to whether the compensation of Rs.60,900/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 9) Deceased Ku. Kavita was shown to be 18 years of age in her postmortem report. She was a student of 9 standard. The claimants are parents of deceased Ku. Kavita. The claimants ple^sd that deceased Ku. Kavita used toearn Rs. 100-150/- per day from her tailoring work. It is true that Ku. Kavita, but for her unfortunate death in the accident, would have been married in due course and thereafter could not have extended any financial support to her parents. 10) Be that as it may, the fact remains that the appellants/claimants have lost their daughter Ku. Kavita in the motor accident. 11) The compensation of Rs.87,000/- assessed by the Tribunal when examined in the context of the above-mentioned broad features of the case, in our opinion, is on the lower side and deserves to be enhanced suitably. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.45,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.87,000/- assessed by the Tribunal as just and proper compensation in the facts and circumstances of the present case. •:^ 7' ...?/ 13) As the Tribunal has held the driver of the Truck/ Tanker responsible for the accident to the extent of 70% only, the appellants/ claimants are entitled to receive only 70% of the above enhanced amount of compensation of Rs.45,000/- i.e. Rs.31,500/- from respondent No.3, New India Insurance Company Limited, the insurer of the Truck/ Tanker. 14) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The claimants are awarded further sum of Rs.31,500/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.60,900/- awarded by the Tribunal. 15) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.31,500/- before the concerning Claims Tribunal. 16) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu