Research › Search › Judgment

Chhattisgarh High Court · body

2009 DIGILAW 384 (CHH)

RADHA CHAUHAN v. ASHOK KUMAR SAHU

2009-12-15

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 Third Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 01.02.2000, passed in Claim Case No. 17/1998. 2. As against the compensation of Rs.8,20,000/-, claimed by the appellants/claimants, unfortunate widow and minor children of deceased. RD Chauhan by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 09.12.1997, the Tribunal awarded a total sum ofRs.2,60,000/- as compensation along with interest @ 11 % per annum from the date of the filing of the claim petition till the date of actual payment. 3. The Tribunal assessed the income of the deceased at Rs.2,500/- per month. By deducting Rs.1,000/- towards personal expenses of the deceased, the claimants' dependency was assessed at Rs.1,500/- per month and Rs.18,000/per annum. By multiplying the annual dependency of Rs.18,000/- with the multiplier of 13, the compensation was worked out to Rs.2,34,000/-. By awarding further sum of Rs.26,000/- under other heads, the Tribunal awarded a total sum of Rs.2,60,000/- as compensation to the claimants for the death of deceased RD Chauhan in the motor accident. The Tribunal further directed payment of interest @ 11 % per annum on the above amount of compensation of Rs.2,60,000/- from the date of the filing of the claim petition till the date of actual payment. 4. Shri SRJ Jaiswal, 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.2,500/ - per month only; in deducting 40% of the income of the deceased towards his personal expenses; in selecting lower multiplier of 13; and in awarding low compensation of Rs.2,60,000/- only. 5. Shri AK Athaley, learned counsel for respondent No.3 The Oriental 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.2,60,000/- 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 RD Chauhan died on account of the injuries sustained by him in the motor accident oh 09.12.97; the accident occurred due to rash and negligent driving of the driver of the offending vehicle matador and as the offending vehicle matador on the date of the accident was insured with the Oriental Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants have now attained finality. 7. True, the claimants pleaded that deceased RD Chauhan used to earn Rs.6,000-7,000/- per month from his poultry farm, 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.2,500/- per month. 8. The Tribunal certainly has fallen into error in deducting 40% of the income of the deceased towards his personal expenses as against the usual 1/3rd of the income of the deceased. We, therefore, assess the claimants' dependency at Rs.20,000/- per annum by deducting the usual 1/3rd of Rs.30,000/- per annum towards the personal expenses of the deceased. 9. As deceased RD Chauhan was aged about 40 years on the date of the accident and his widow Smt Radha Chauhan was shown to be 26 years of age in the claim petition, we are of the opinion that multiplier of 15 would be appropriate in the present case in view of the recent dictum of the Apex Court in the case of Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation and another.1 1. (2009)6 SCC 121 10. By multiplying the annual dependency of Rs.20,000/- with the multiplier of 15, the compensation works out to Rs.3,00,000/-. The claimants are further entitled to receive a sum of Rs.10,000/- towards funeral expenses; loss of consortium to the widow and loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.3,10,000/- as compensation for the death of deceased RD Chauhan in the motor accident. 11. The claimants are further entitled to receive a sum of Rs.10,000/- towards funeral expenses; loss of consortium to the widow and loss of estate. The claimants, thus, become entitled to receive a total sum of Rs.3,10,000/- as compensation for the death of deceased RD Chauhan 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 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.50,000/- at Rs.5,000/-. 12. For the foregoing reasons, the appeal filed by the claimants for enhancement of the compensation is allowed in part. The compensation of Rs.2,60,000/- awarded by the Tribunal is enhanced to Rs.3,10,000/- with further quantified amount of interest of Rs.5,000/- on the enhanced amount of compensation of Rs.50,000/-. 13. Respondent No.3 The Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs. 55,000/- (Rs.50,000/- towards enhanced amount of compensation +Rs.5,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.50,000/-) before the concerning Claims Tribunal. 14. No order as to costs. Appeal Partly Allowed.