f/'a^ "\ ;; B. HIGHCOURT OF CHHATTISGARH AT BlLASPUR DIVrSIONBENCH CORAM: HON'BLE SHRI RAJEEVGUPTA, C.J. & HON'BLESHRIN.K.AGARWAL,J. ADpellants CIaimants ResDondents Misc. Appeal (Cl No. 314of2007 1. Smt. Chandrika widow of late Shri Gyanchand Sahu, aged about 25 years; 2. Kranti Kumari d/o late Shri Gyan Chand Sahu, aged about 03 years; 3. Dalesh son of late Shri Gyan Chand Sahu, aged about 01 year; 4. Bisaruram son of Bhagwat Ram, agedabQut60years; , , 5. Puniya Bai Wife of Shri Bisaruram, aged about 55 years The appellant No. 2 and 3 are minors, through thejr natural guardian mother Smt. Chandrika widow of late Shri sGyan Chand Sahu, all castes Sahu and residents of vjllage Rakhi, tahsil Kurud, district DhamtariC.G. VERSUS 1. Ganeshwar Kumar Chandrakar son of Shri Kanshi Ram, resident of village Rakhi, tahsil and district Dhamtari C.G. 2. Chetanlal Dewangan son of Shri Nakulram Dewangan resident of Old Bazar Chowk, Kurud, tahsil and distrJctDhamtari C.G. ^. ^" '\ 3. '\' The Oriental Insurance Company Limited behind of Amar Talkies DhamtariC.G. ^A Misc. ADpeal underSection 173 ofthe MotorVehicle Act. ,,i:^^""'^^^^. ^ ^^ ^ '/€I1^ §1 '-^s>. \%^^ '^ ^p^-. Misc. Appeal (C) No,314/2007 ^.< Present '^: Shri P.P. Sahu and Shri Aditya Kumar, counsel for the appellants. None for respondents No.1 and2. Shri A.K.Athaley, counsel for respondent No.3. ORDER (29th 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 Additional Motor Accident Claims Tribunal, Dhamtari, district Raipur (for short 'the Tribunal') vide award dated 28.04.2006, passed in Claim CaseNo.185/2005. 2) As against the compensation of Rs.14,50,000/- claimed by the appellants/ claimants, unfortunate widow, minor children and parents of deceased Gyanchand, by filing a claim petition under Section 166 of the Mofbr Vehicles Act, for his death in the motor accident on 03.05.2005, the Tribunal awarded a total sum of Rs,1,90,000/- as compensation along with interest @ 6% per annum in the event of the insurer's failure to deposit the amount of • compensation within 30 days ofthe passing ofthe award. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Gyanchand died on account of the injuries sustained by him in the motor accident on 03.05.2005; the accident occurr^d due to rashand negligent driving ofthe driver of the offending vetiicle Tractor bearing registration No.CG05/ZD-1127; as the above offending vehicle Tractor on the dateof the accident was insured with the Oriental Insurance Company Limited and the ^T'"^^ Misc. Appeal (C) N6.314/2007 ^ i'^.. Insurance Company could not establish any breach of the policy conditjons.the InsuranceCompany was liable to pay compensation tothe 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.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A ofthe Motor Vehicles Act. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimant?' dependency was assessed at Rs. 10.000/- perannum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 17, the compensation was workedout to Rs.1,70,000/-. By awarding further sumof Rs.20,000/- underptherheads.the Tribunal awarded a total sum of Rs.1,90,000/- as compensation to the claimants for the death ofdeceased Gyanchand in the motoraccident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,90,000/- @ 6%per annum in the event of the insurer's failure to deposit the amount of compensation within 30 days of the passing ofthe award. 6) Shri P.P. Sahu and Shri Aditya Kumar, learned counsel for the appellants submittedlthat the Tribunal has erred in assessing the ^]- ' \ ' ' • •• ' • . • • l ' ' ' • •'• income of the dec^ased at Rs.15,000/- per annum only; and in •\ awarding low compensatjon pf Rs. 1,90,000/- only. •^ • '^,'1.". 7) ShriA.K. Athaley, learned counsel for respondent No.3 the ^.... l..l ^,..^ A"^ ^ Misc. Appeal (C) No.314/2007 Oriental Insurance Company Limited, the insurer of the offending vehicle Tractor, on the other hand, supported the award and contended that as the claimantscould not establish the income of the deceased as ple'aded by them, the compensation of Rs.1,90,000/- awarded by the Tribunal is just andproper compensation in the facts and circumstances of the present case. 8) In a motor accident claim case, what is important is that, the compensation to beawarded by the Courts/Tribunals should bejust and proper compensation in the facts and drcumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. . 9) Now we shall examine as to whether the compensation of Rs.1,90,000/- awarded bythe Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) True, the claimants pleaded that deceased Gyanchand used to earnRs.100/- per day as Mason, no cogent and reliable evidence was led'before the Tribunal forestablishing the income o{ the deceased to fhat extent. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. 11) Nevertheless, the income of the deceased assessed by the Tribunal at Rs.15,000/- per annum in the year 2005 is certainly on the lower side and requires reconsideration. .'^. 12) Considering tlWt deceased Gyanchand was aged about 30 years pn the date of the ^cddent, we are of the opinion that he could i- '.-•',..• have easily earned Rs.70-75/- per day even by working as an 'vk ~^^s^y Misc. Appeal (C) No.314/2007 ^ ^' ^. unskilled labour in the year 2005. We, therefore, propose to re-compute the compensation taking the income ofthe deceased at Rs.2,000/- per month and Rs.24,000/- perannum. 13) By deducting the usual 1/3rd of Rs.24,000/- towards the personal expenses of the deceased, the claimants' dependency is assessedat Rs.16,000/- per annum. 14) By multiplying the annual dependency of Rs.16,000/- with the multiplier of 17, selected by the Tribunal,the compensation works out to Rs.2,72,000/-. 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 receivea total sum of Rs.2,87,000/-as compensation for the death of deceased Gyanchand in the motor accident. 15) 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, theamount of interest on the enhanced amountofcompensation may be quantified in this appeal itself. 16) Considering all the relevant aspects of the matter, including' the delay in disposal of the claim petition, and the present appeal and the fact thafthe|lnsurance Company alone is notto be blamed for the entire delayln the matter, we quantify the amount of interest on the enhanced arhpunt of compensation of Rs.97,000/- at Rs.10,000/-. '•i^ >• "'^•J ,^ 1111 K!i padma Misc. Appeal (C) No.314/2007 <7A 17) For the foregoing reasons, the appeal filed by the appellants/ clajmants for enhancement of thecompensation is allowed in part. The compensation of Rs.1,90,000/- awarded by the Tribunal is enhanced to Rs.2,87,000/- with further quantified amount of interest of Rs. 10,0007- on the enhanced amount of compensation 6f Rs.97,000/-. 18) Regpondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the totalsum of Rs.1,07,000/- (Rs.97,000/- towards enhanced amount of compensation + Rs. 10,0007- towards quantified amount of interest on the enhanced amount of compensation of Rs.97,000/-) before the concerning Claims Tribunal. 19) No order as to costs. Sd/- ChiefJustice Sd/- N.K. Agarwal Judge >... x '\