Bhanmati and Others (Smt.) vs Sudhakar Kumar and Others

Rajeev Gupta, C.J.—Learned counsel for the parties are heard on M. (C.) R No. 1080/2004, a petition for condonation of delay in filing the appeal.

On due consideration of the submissions of learned counsel for the parties and the grounds taken in the application, we are satisfied that the appellants have succeeded in showing sufficient cause for the delay in filing the appeal.

M.(C).P. No. 1080/2004, therefore is allowed and the delay of four days in filing the appeal is hereby condoned.

Shri A.L. Singraul, learned counsel for the appellants is heard on admission.

This is claimants appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short ''the Tribunal'') vide award dated 10.10.2003, passed in Claim Case No. 122/2002.

As against the compensation of Rs. 18,00,000/- claimed by the claimants, unfortunate widow, minor children and parents of deceased Rameshwar Prasad Sahu, for his death in the motor accident on 18.08.2001, the Tribunal awarded a total sum of Rs. 4,04,000/- as compensation along with interest @ 6% per annum payable from the date of filing of the claim petition, till the date of actual payment.

Shri A.L. Singraul, learned counsel for the appellants vehemently argued that the Tribunal has erred in selecting the lower multiplier of 10 and in awarding low compensation of Rs. 4,04,000/- only.

The claimants pleaded that deceased Rameshwar Prasad Sahu used to earn Rs. 5,000/- per month. The Tribunal accepted the evidence led by the claimants about the income of the deceased and assessed his income at Rs. 5,000/- per month and Rs. 60,000/- per annum. As the income assessed by the Tribunal is the same as was pleaded by the claimants, we do not find any infirmity in the assessment of the income of the deceased by the Tribunal.

The claimant''s dependency also has been rightly assessed by the Tribunal by deducting the usual l/3rd towards the personal expenses of the deceased.

Considering that deceased Rameshwar Prasad Sahu was aged about 45 years, the multiplier of 10 selected by the Tribunal cannot be found fault with, in view of the dictum of the Apex Court in the case of The New India Assurance Company Limited Vs. Smt. Kalpana and Others, , wherein the multiplier of 13 was found to be appropriate for the deceased, who was aged about 33 years.

For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the assessment of income of the deceased or the claimant''s dependency by the Tribunal or the multiplier selected.

The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily.