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2009 DIGILAW 313 (CHH)

CHANDRAWATI DEVI v. VEDESHIRAM TANDI

2009-11-19

RAJEEV GUPTA, SUNIL KUMAR SINHA

body2009
ORDER As per Hon'ble Shri Rajeev Gupta, C.J. :- 1. This is claimants' appeal for enhancement of the compensation awarded by the Seventh Additional Motor Accident Claims Tribunal (FTC), Durg (C.G.), (for short 'the Tribunal') vide award dated 28.02.2009 passed in Claim Case No.68/2008. 2. As against the compensation of Rs.12,08,200/- claimed by the appellants/claimants, unfortunate widow and minor children of deceased Deeplal Ram by filing a claim petition under Section 163-A of the Motor Vehicles Act (henceforth, "the Act") for his death in the motor accident on 02.12.2007, the Tribunal awarded a total sum of Rs.2,66,500/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3. The Tribunal assessed the income of the deceased at Rs.3000/- per month and Rs.36,000/- per annum. By deducting 1/3rd of the income of the deceased towards his personal expenses, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/with the multiplier of 10, the compensation was worked out to Rs.2,40,000/- By awarding a further sum of Rs.26,500/- under other heads, the Tribunal awarded a total sum of Rs.2,66,500/- as compensation to the claimants along with interest@ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4. Shri Dharmesh Shrivastava, learned counsel for the appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased; and in assessing his income at Rs.3,000/- per month and Rs.36,000/- per annum; in selecting lower multiplier of 10; and in awarding low compensation of Rs.2,66,500/- only. 5. Shri Raj Awasthi, learned counsel for respondent No.3, The New India Insurance Company Limited on the other hand supported the award and contended that, as the claimants could not establish the income of the deceased as pleaded by them, the compensation of Rs.2,66,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 6. 6. As the respondents have not filed any appeal against the award, the findings recorded by the Tribunal that deceased Deeplal Barn died on account of the injuries sustained by him in the motor accident on 02/12/2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck; as the offending vehicle Truck on the date of the accident was insured with the New India Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants, now have attained finality. That apart, these findings are not under challenge before us in this appeal. We, therefore, affirm the above findings recorded by the Tribunal. 7. True, the claimants pleaded that deceased Deeplal Ram used to earn Rs.lI0/- per day and Rs.3300/- per month. The evidence led in that behalf was not of clinching nature. We, therefore, do not find any infirmity in the assessment of the income of the deceased by the Tribunal at Rs. 3000/- per month and Rs. 36000/- per annum. 8. The claimants dependency also has been rightly assessed by the Tribunal by deducting 1/3rd of Rs.36000/- towards the personal expenses of the deceased. 9. The multiplier of 10 selected by the Tribunal is certainly on the lower side. Deceased Deeplal Ram was aged about 35 years on the date of the accident, whereas his widow claimant No.1 Smt. Chandrawati Devi was shown to be 33 years of age in the claim petition. In our considered opinion, multiplier of 15 would be appropriate in the present case. 10. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 15, the compensation works out to Rs.3,60,000/-. The claimants are further entitled to receive Rs.5,000/- towards funeral expenses; Rs.5,000/- towards 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.3,75,000/- as compensation for the death of deceased Deeplal Ram in the motor accident. 11. Considering all the relevant factors including the delay in disposal of the claim petition and the present appeal, and the fact that the Insurance Company atone 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. 1,08,500/- at Rs. 6,500/-. 12. 11. Considering all the relevant factors including the delay in disposal of the claim petition and the present appeal, and the fact that the Insurance Company atone 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. 1,08,500/- at Rs. 6,500/-. 12. For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,66,500/- awarded by the Tribunal is enhanced to Rs.3,75,000/- with further quantified amount of interest of Rs.6,500/- on the enhanced amount of compensation of Rs.1,08,500/-. 13. Respondent No.3 The New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.1,15,000/- (Rs.1,08,500/- towards enhanced amount of compensation + Rs.6,500/- towards quantified amount of interest on the enhanced amount of compensation of Rs.1,08,500/-) before the concerning Claims Tribunal. 14. No order as to costs. Appeal Parity Allowed.