HOM'BLE SHRSSliNSL KUMAR SINHA, J. CLASMAN7S Present: 1. 2. J. Nand Kumari, W/o Tiharu Ram Sahu, aged about 26 yrs. Odi E( Kaushal, S/o. Tiharu Ram Sahu, Aged 3 yrs. Ku. Rameshwari, D/o. Tiharu Ram Sahu, Aged about 10 yrs. Appeilants no. 2 & 3 represented by iegai Guardian Mother; Nand Kumari, All are R/o Vill : Badera, P.0. Kharora, Tahsil : Tilda, Dist: Raiour (CG) Amritlal, S/o Nakul Ram Yadav, R/o. P.O.Kharora, Tahsli - Tifda, Distt: Raipur (CG) Deepak, S/o. Ramlal Agrawal R/o. P.0. Kharora, Tahsil - TiSda, Distt: Raipur (CG) 3. Oriental Insurance Co, Ltd., Through Divisional Vanager, Jall Road, Raipur (CG) 4. Narayan Prasad, S/o. Harikishan Agrawai, R/o. Vili : P.O.:Sasaha, Tahsil - Baioda Bazar, Distt : Raipur (CG) Misceilaneous A^Beal underSection 173 ofMotor Vehicles Act. 1988 Shri S.C. Verma, learned counsel for None for respondents No.1,2 & 4. Shri Abhishek.Sinh^ and Shri Ghanshyam Patei iearrsed eounsei for respondent No.3. ;th 'he foliowina order of the Court was 1 oassed hv Sajeev Gupt.a; C.J.: This is claimants' appeai for enhancement of the compensation awarded by the Fourth Additionat Motor Aceident Claims Tribunal, Raipur (for short 'the Tribunai'), vide award dated 08.10.2002 passed In Ciaim Case No. 43/2002. 2. The claimants, unfortunate widow and minor chiidren of the decea'sed Tiharu Ram Sahu claimed compensation of Rs.6,01,000/- by flling claim petition under Section 166 ofthe Motor Vehicles Act for hls death in fhe motor accident on .14 February, 1988 when his bicycle was dashed by the offending vehicle Jeep bearing registration No. CIR 525 resulting in multiple serious injuries to Tiharu Ram Sahu, who succumbed to those injuries during the courseof his treatment in the hospital. The claimants further pleaded that deceased Tiharu Ram Sahu was aged about 30 years and used to earn Rs.100/- per day as mason. 3. The driver of the offending vehicle jeep did not contest the ciaim and was proceeded ex parte before the Tribunai. 4. The owner and insurer of the jeep contested the ciaim and denied their liability to pay compensation to the claimants. The insurer took the plea that offending vehicie Jeep was being plied in breach of th6 policy conditions and the driver of the j'eep was not holding a valtddriving iicence. . i 5. The claimants examined AW-1 Smt. Nand Kumari and AW-2 Kanhaiya Laljp support of their ciaim whereasthe ovj'ner and insurer of the offendina vehicie }eep examined NAW -1 DteepakAgrawal, NAVrf-2 Suresh kumar Yadav and NAW-3'Saroj Kumar Sahu, in rebuttal./-^'-1' ffi 1BE !t!BI|l:|H Aq pSpJBAiB -/OOO'09'i.'Sy JO-^OflBSUSdLUOO 34} }B4}T»pU9}UOO pUB pJSMB 3L|} payoddns pueq jsqibeqi uo Aueduioo eouBjnsuj je)usi.io- .g'o(\| }uspuodssj joj jasunoa psujesi 'Bquis ifsysiqqv UMS • '6 •A|UO -/OOO'09'l.'s'y P uoitesusduioo MOJ SUJPJB/AB urpuB 's}e}sa jo ssoj pue iunj}josuoo jo sso| 'sssusdxs jBjaum 94} SDJSMQ} ujns AUB BuipjeAve }ou ui :A|UO ujnuue jed -/ooo'91'sy )E 9LUOQU! sjy Bujssesse ui 'peseeoep sij} p.-SLuoouieq} ^noqi SOU8p|A9 ,S}UBUJt8|0 3U) 6ui)d300e }OU Ul pajje seij |eunqui sui }eqi pSfflUiqns s^ueiiadde s^ joj issunoo p8uj88| 'ELUjeA OS "43 1 •}U8iuAed jenpe jo 9}ep 9ij} tiji '001)1430 LUIB|O 9114 ^o Bujiy io a}Bp su} UIQJ^ lunuue jsd %Q @ jssjeiui qijM Buore S}UBUJ!BJO su} oi uosBsusdtuoo se -/000'09'l's'd P ^ns 'ftW e pspje/nE sniy 'ieunqui aqi '-/000'09't'sy 0} }no p9>|jom SBM uojiesusdujoo sqi 'gi, 10 J3i|dii|nai SL|} q}i -/QOO'Ot'sy to Aouepuedsp |enuuB eu} 6uiAidiiinui.Ag •ujnuue jsd -/OOO'OI.'sy }e psssssse SBM Aouspuaa'sp ,s}ustUje|o sq} 'pesesosp sqi jo sesuedxs leuosjad sq} SDJSAAO} -/QOO'SS-'sy ^o oj£/i Suspnpsp Ag 'iunuuE jsd -/ooo'St'sy js pasBSoep sy^ jo siuooui si|^ psssssse (eunqui eqj. 'i •SlUBLUIGiO Sqi o} uoitesusdujoo Aedo} 3|qei| se% Auedtuoo souejnsuj au} 'pstiuii'i AuedLuoo eou'ejnsuj IBIUSUO yi.i/A pejnsui SBM luspiooe BU) p syep su} up desf eiojysA Suipuejjo sq} se ideef sioiqaA Suipusyo sy} ^o jaAUp sy} p b'uiAUp tusb'!|D9U pue ysej o^enp psjjnooo ^uspiooB 341 'Q661.'30'frl uo tuepiooe jopLU 9t|t uj LUIU Aq psuietsns ssunfuj eiji p )unoooe uo peip nqeg ujey njel)!i psseeoep }Bqi pisq ssiyed sqi Aq ps| souepiAe aqi 10 Aui.injos 3so|os uo iBunqui 9L|i •g / the Tribunal is just and proper compensation in the facts and clrcumstances of the present case. The findings recorded by the Tribunal that deceased Tiharu Ram Sahu died on account of the injuries sustained by him in the motor accident on 14.02.1998; the driver of the jeep was responsible for the accident: and the insurer of the jeep was liable to pay compensation to the claimantsare not under chailenge before us in this appeal. That apart, there is overwheimina evidence available on record toestablish the above facts beyona' any shadow of doubt. We, therefore, affirm the findings recorded by the Tribunal in ihat 11. The claimams pleaded that deceased Tiharu Ram Sahu uaed to earn Rs.100/- per day as mason. Deceased Tiharu Ram Sa'nu was aged about 30 yearson the date ofthe accident. The Tribunal has faiien into error in assessing the income of the deceased at Rs.15,000/- per annum only. Even if the income of the deceased was to be assessed on the basis ofthe notional income prescribed in the Second Schedute under Section 163-A ofthe Motor Vehicies Aci on account ofthe increase in the prices ofthe essenti^l commoditjes and the cost of.Ilving during the period between 1994, (the year in which the notional income of Rs.15,000/- was prescribed in the Second Schedule under Section 163-A of the Motor Vehicies Act) and the year 1898, (which is the year of accident in the present case), the notiosai of Rs.15,000/- wouid come to Rs.24,000/- tn.the year1998. VVe, therefore, propose to re-computethe Gompensation taking the income ofthe deeeased at Rs.24,000/-per annum; 1: ]' \ 12. By dsducting usual 1/3rd of Rs.24,000/- towards the personai expenses of the deceased, the claimants' dependency is assessed at Rs.16,000/- per annum. 13. Deceased Tiharu Ram Sahu was aged about 30 years on the date of the accident, whereas his widow Claimant No.1 Smt. Nand Kumari was shown 26 years of age in the claim petition, Their minor children were aged about 3 years and 10 years respectively. Considerina the aae of the deceased and that of the ciaimants, we are of the opinion that muiiiplier of 15 would be appropriate in the present case. 14. By muitipiying the annuai dependency of Rs.16,000/- with the muitiplier of 15, the compensation works out to Rs.2,40,000/. The ciaimants are further entitied to Rs.5,000/- towards funeralexpenses: Rs.5,000/- for loss o.f consortium to the widow; and Rs.5,000/- ror loss of estate. The claimants, thus, become.entitled to receive a total sum of Rs.2,55,000/- as compensation for the death of deceased Tiharu Ram Sahu in the motor accident 15. Learned counse! for the parties submitted that with a view to avoid any possible dispute about the period for which the claimants shouid aet interest on the enhanced amount of compensation and the delay in corhputation of the interesf by the Tribunai, the interest on the enhanced amount of compensation may be quantified in this appeaiitself. -- 1|6. Conslderipg all the relevant factors inciuding the delay in djsposal ofthe claim petition-and the present appeal and the fact that th6 insdrance Company a!one is not io be bla'med for the delay in ^,^^^^.K !p3,dm£ the matter, we quantlfythe amount of interest on the enhanced amount of compensation of Rs.95,000/- at Rs.30,000/-. 17. For the foregoing reasons, the appeal fiied by the ciaimants for enhancement of the compensatlon is altowed in part. The compensation of Rs.1,60,000/- awarded bythe Tribunal is enhanced to Rs.2,55,000/- with further quantified amount of inierest of Rs.30,000/- on the enhanced amount of compensation of Rs.95,000/-. ^ 18. Respondent No.S/Oriental Insurance Company Ltd., is granted three months' time for depositing the total sum of Rs.1,25,000/- (Rs.95,000/- towards enhanced amount of compensation + Rs.30,000?- towards the quantified amount of . interest on the en.hanced amount of compensation) before the conceming Claims Tribunal. .. 9. No order as to costs. SdA Chief Justfce; SdA , ;K ., Suni! KuEiiar Sinha '.< Judge ; '")