HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants Misc. Appeal (C) No. 1574 of 2008 1. Smt. Deepa Rai, age 29 yrs, widow of late Nand Kishore Rai, 2. Taposh Rai, age 12 yrs, minor son s/o late Nand Kishore Rai 3. Jyoti Rai, age 1 yr, minor daughter d/o late Nand Kishore Rai. (Both appellant No. 2 & 3 are minor children represented appellant no.1 mother) All above appellants are r/o village ward No.5, P.S. Mahasamund, tahsil & distt. Mahasamund C.G. VERSUS Respondents (Non-applicants) 1. Ganga Shree Yadav, s/o Promlal Singh Yadav, r/o 221, T.P. Nagar, P.S. Indore, tahsil & distt. Indore M.P. (Owner oftruck No.N.L.07/A/1626) 2. The Newlndia Insurance Com. Ltd., Divisional Office at Madina Building, Jail Road, Raipur, distt. Raipur C.G. (Om Shree Apartment, Nal Stop Chowk, Karvai Road Poona Ins. Code-153600, bearing policy dtd.04/11/06to 03/11/07) (Insurance Company of truck NO.N.L.07/A/1626) /'..rwsk'^ Y^-€^ M.A.C.No. 1574 of 2008 3 Gurumukh Singh Cheema, s/o Gurucharan Singh Cheema, r/o Cheema Local Carrier, Raipur Road, Mahasamund, tahsil & district Mahasamund C.G. (Owner oftruck No.C.G.06/C/3705) 4 ICICI Lombard General Insurance Company Limited, Branch Office at Lalganga Complex, G.E. Road, Raipur, district Raipur C.G. (Insurance Company of truck NO.C.G.06/C/3705) Appeal under Section 1^73 of theMotor Vehicles Act Present: Shri J.A. Lohani, counsel for the appellants. Shri Dashrath Gupta, counsel for respondent No.2. ORDER (23rd September, 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 Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 09.05.2008, passed in Claim Case No.101/2007. 2) As against the compensation of Rs.18,00,000/- claimed by the appellants/ claimants, unfortunate widow and minor children of deceased Nand Kishore Rai, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 08.05.2007, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation along with interest @ 6% per annum from the date of filing ofthe claim petition till the date of actual payment. I.A.C.No. 1574 of 2008 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Nand Kishore Rai died on account of the injuries sustained by him in the motor accident on 08.05.2007; the accident occurred due to rash and negligent driving of the driver ofthe offending vehicle Truck bearing registration No.NL/07/A-1626; as the above offending vehicle Truck 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 policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) 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 personal expenses ofthe deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying annual dependency of Rs.24,000/- with the multiplier of 12, the compensation was worked out to Rs.2,88,000/-. By awarding further sum of Rs.4,000/- under other heads, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation to the claimants for the death of deceased Nand Kishore Rai in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,92,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. . !S 3E SSSs _ M.A.C. N0.1574 Of 2008 6) Shri J.A. Lohani, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum and the claimants' dependency at Rs.24,000/- per annum, it has erred in selecting the lower multiplier of 12; in awarding low sum of Rs.4,000/- under other heads; and in awarding low compensation of Rs.2,92,000/- only. 7) Shri Dashrath Gupta, learned counsel for respondent No.2, the New India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.2,92,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Though learned counsel for the appellants has not challenged the assessment of the income of the deceased by the Tribunal at Rs.3,000/- per month and Rs.36,000/- per annum and the claimants' dependency at Rs.24,000/- per annum, for our satisfaction, we have examined the entire evidence available on record in that behalf and we are satisfied that the Tribunal has rightly assessed the income of the deceased at Rs.36,000/- per annum and the claimants' dependency at Rs.24,000/- per annum. 9) Nevertheless, the multiplier of 12 selected by the Tribunal is certainly on the lower side and requires reconsideration. 10) Considering that deceased Nand Kishore Rai was aged about 35 years on the date of the accident, we are of the opinion that multiplier of 16 would be appropriate in view of the dictum of the M.A.C. No. 1574 of 2008 Apex Court in the case of Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, wherein multiplier of 16 has been prescribed for the age group between 31-35 years. 11) By multiplying the annual dependency of Rs.24,000/- with the multiplier of 16, the compensation works out to Rs.3,84,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- for loss of estate; and Rs.5,000/- for loss of consortium to the widow. The claimants, thus, become entitled to receive a total sum of Rs.3,99,000/- as compensation for the death of deceased Nand Kishore Rai in the motor accident. 12) Learned counsel for the parties submitted that with a view to avoid any possible dispute between the parties before the Tribunal about the period for which the claimants are entitled 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. 13) 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.1,07,000/- at Rs.13,000/-. 14) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. /^^& ii&- ' % II ^te-,^ ' 1 K 'a;KS:?>. ^ 8 ^\1 ''•%» .9 / nimmi MAC.No. 1574 of 2008 The compensation of Rs.2,92,000/- awarded by the Tribunal is enhanced to Rs.3,99,000/- with further quantified amount of interest of Rs.13,000/- on the enhanced amount of compensation of Rs.1,07,000/-. 15) Respondent No.2 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,20.000/- (Rs.1,07,000/- towards enhanced amount of compensation + Rs.13,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.1,07,000/-) before the concerning Claims Tribunal. 16) No order as to costs. Sd/- Tl.K.Agar'w judge Sd/- Chief Justice