IN THE HON'BLE HIGH COURT OF CHHAmSGARH AT BILASPUR M.A. (Cl No. ^ f ^-72008 APPELLANTS L^LK A^LICANTS 0'^ 1., Vidyanand Jha S/o Late Anadinath Jha, aged about 54 years. 2^- Smt. Amita Jha W/o Vidyanand Jha, aged about 47 years. 3.,Ku.Shruti Jha D/o Shri Vidyanand Jha, aged about 23 years. \-^ ^-C*^ All resident of Village Gahiratola f.^ -— - —--- - — "- - - fl-ft-*!^"M%w "\'.'»,ft-Y-^>"v Police Station & Tahsil Khairagarh District Rajnandgaon RESPONDENTS NOXAPPLICANTS ^ ^ (C.G.) VERSUS l^- Koushal S/o Ashok Kumar Dixit, aged about 34 years resident of Nayapara Chakarbhata Bilaspur (C.G.) 2, Nanak Ram Relwani S/o Arjun Das Relwani, resident of Bilha, Near Railway Crossing District Bilaspur (C.G.) 3. New India Insurance Company ^-^ Limited'MANDAL'office Bilaspur (C.G.) MISCELLANIOUS APPEAL UNDER SECTION 173 MOTOR VEHICLE ACT 1988 Claimants :w ~ ^ ^ ^. ^ .-^9^^ SHRt RAJEEV GUPTA. C.J. 3. 1. Vidyanand Jha, S/o Late Anadinath Jha, aged about 54 years 2. Smt Amita Jha, W/o Vidyanand Jha, Ku Shruti Jha D/o Shri Vidyanand Jha, aged about 23 years Al! resident of viilage Gahiratola Police Station & Tahsii Khairagarh District Rajnandgaon (CG) Non-applicants 1. Koushal, S/o Ashok Kumar Dixti, aged about 34 years, resident of Nayapara Chakarbhata, Bilapur (CG) 2. Manak Ram Relwani, S/o Arjun Das Relwani, resident of Bilha, Near Railway Crossing District Biiaspur (CG) 3. New India Insurance Company Limited 'MandaS' office Biiaspur (CG) Sf^^f^t- ^S^^S—:.cies Act ihri RN Jha, counsel forthe appellants, ;hri Pankaj Agrawgl, counsel for respondent No.3. •-t7th e following order of the Court was passsd ^' ^-.' "^'.. f€^\ ''-'•S£:y^'!a^i&\ s '%-s^/ ^ l^ This is claimants' appeat for enhancement of the compensation awarded by the Additional Motor Accident Claims I, K'nairagarh, Rajnandgaon (ror ated 29.02.2008, passed in Claim 'the Tribunal') vide No.69/2006. 2) As against the compensation of Rs.7,50,000/-, claimed by t'ne appellants/claimants, unfortunate parents and sister of deceased Medha Jha, by Tiling a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 08.07.2006, the Tribuna! awarded a tota! sum of Rs.1,37,000/- as compensation aiong with interest @ 7.5% psr annum from the date of filing of the claim petition till the date of actual payment. 3) T'ne Tribunal on a ciose scrutiny of the entire evidence ied bsfore it held that deceased Medha Jha died on account of the injuries sustained by her in the motor accident on 08.07.2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Scarpio Jeep bearing registration No.CG-IOBC/1888; as the above offending vehicle Scarpio on the date of the accident, was insured with the New India Company Limited, and the Snsurance Company could not ish any breach of the policy conditions, the Insurance Company was liabie to pay compensation to the claimants. 4) As the respondents have not fited any appeal against the award, the above findings recorded by the Tribunal have now attained finatity. >«»**•.^. ^: 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum, on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. By deducting 1/3rd of Rs.15,000/- towards the personai expenses of the deceased, the claimants' dependency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multipiier of 11, the 10,000/-. By ar heads, the awarded a total sum of Rs.1,37,000/- as compensation claimants for the death of deceased Medha Jha in the accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,37,000/- @ 7.5% per annum from the date of filing of the ciaim petition till the date of compensation was worked out to sum of Rs.27,1 to the 6) Shri RN Jha, learned counsel for the appellants submitted that the Tribunal 'nas erred in awarding low compensation of Rs.1,37,000/- only, though deceased IVIedha Jha was a brilliant student and had a bright future. 7) Shti Pankaj Agrawal, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Scarpio Jeep on 'the other hand contended that as deceased Medha Jha was not having any independent income of her own on the date of the accident, the compensation of RS.1,37,000/- awarded by the Tribunal is just and compensation in the facts and circumstances of the present case. •^ 4 -sr'y 8) 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. 9) Now, we shaii examine as to whether the compensation of Rs.1,37,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Deceased Medha Jha was aged about 17 years on the date or' the accident. After passing 12 standard, she was preparing for Pre-Medical Test Examination. The claimants are her parents, aged about 52 years and 45 years and sister aged about 19 years. 11) The Tribunal assessed the income of the deceased at Rs.15',000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. 12) Sec-tion 163 - A of the Act where-under the Schedule was introduced in the year 1994 reads as follows asis - (1) Notwithstanding an^ contained in this Act or in any other law for the time being in force or' Instrument having the Torce of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in {he case of death or permanent disablement due to accident arising out of the use of motor vehicie, compensation, as indicated in the 1-1 f 1^%. I '^'^?^^,^ ^ ''•'••&.'y''-i'"-ci3:^ '•'; S^a.*.^^ g -^-^ 'fc^V-' Y Second Schedule, to the legal heirs or the victim, as the case may be. Explanation - For the purposes of this sub- section, "permanent disability" shall have the same meaning and extent as in the Workmen's Compensatton Act, 1923 (8 of1923). (2) In any claim for compensation under Sub - Section (1), the claimant shall not be required to plead or establish that the death or psrmanent disablement in respect of which the claim has been made was due to any wrongful ^ act or neglect or defauit of the owner of the vehicle or vehicles concerned or of any other person. (3) The Central Government may, keeping in view the cost of living by notiflcation in the Officiai Gazette, from time to time amend the Second Schedule." 13) The above quoted Sub - Section (3) of Section 163 - A the Act mandated the Central Govemment to amend the Second Schedule from time to time keeping in view the cost of living. 14) As the Central Government has failed in amending the Second Schedule as provided in Sub - Section (3) of Section 163 - A of the Act, the Courts / Tribunal can take judicial notice of increase in the prices of essential commodities snd the cost of living during the period between the introduction of the Second Scheduie in the year 1 994 and the date of accident in the given case. 15) NQW, reverting to the present case, the unfortunate accident wherein deceased Medha Jha lost her life took place in the year 6 2006. If the increase in the prices of essential commodities and the cost of living during the period between 1994 and 2006 are taken into consideration, the notional income of Rs.15,000/- prescribed in the Second Schedule in the year 1994 would certainly come to Rs.36,000/'- in the year 2006. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs.36,000,/- per annum. 16) Considering that deceased IViedha Jha was unmarried on the date of the accident; and the clsimants are her father, mother and sister; and her father was having his own independent source of income being in the Government service, we are of the opinion that deduction of 50% of the income of the deceased towards her personal expenses would be appropriate in view of the dicta of the Apex Court jn the cases ofSyed Basheer Ahamed and others Vs Mohammed Jameel and another reported in (2009) 2 Supreme Court Cases 225 and Sarla Verma (Smt) and others Versus Delhi Transport Corporation and another reported in (200S iupreme Court Cases 121. By deducting 50% of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency is assessed at Rs.18,000/- per annum. 17) Considering that the claimants are parents and sister of the deceased, we are of the opinion, that multiplier of 10 would be appropriate in view of the dictum of the Apex Court in the case of another, reported in (2003) 8 SCC-731, wherein it was held that in & those cases where the claimants are parents of the deceased, the multiplier should never exceed 10. 18) By multiplying the annual dependency of Rs.18,000/- with the multiplier of 10, the compensation works out to Rs.1,80,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; and Rs.5,000/- for loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.1,90,000/- as compensation for the death of deceased Medha Jha in the motor accident. 19) Learned'counsel for the parties submitted that with a view to avoid any possibie dispute between the parties about the period for which the claimants are entitied to receive interest on the enhanced amount of compensation, the amount of interest on the enhanced amount of compensation may be quantified in this appeal itself. 20) Considering all the relevant aspects of the matter including the delay in disposal of the claim petition and the present appeal and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter, we quantify the amount of interest on the enhanced amount of compensation of Rs;53,000/- at Rs.7,000/-. 21) For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is ailowed in part. The compensation of Rs.1,37,000/- awarded by the Tribunal is enhanced to Rs.1,90,000/- with further quantified amount of, interest of Rs.7,000/- on the enhanced amount of compensation pf Rs.53,000/-. ^' 8 padma 22) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.60,000/- (Rs.53,000/- towards enhanced amount of compensation .+ Rs.7,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.53,000/-) before the coricerning Claims Tribunal. 23) No order as to costs. Sd/- Chief Justice r-i. ^nai-v Judge -'•"•f