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Judgment
Rajeev Gupta, C.J.—This is claimants'' appeal for enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Sarangarh, District Raigarh (for short `the Tribunal'') vide award dated 23.04.2009, passed in Claim Case No.11/2008.
As against the compensation of Rs.27,05,000/- claimed by the appellants/ claimants, unfortunate widow and children of deceased Manohar Lal Chauhan, by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident on 11.04.2008, the Tribunal awarded a total sum of Rs.4,14,000/- as compensation along with interest @ 5% per annum from the date of filing of the claim petition till the date of actual payment.
The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Manohar Lal Chauhan died on account of the injuries sustained by him in the motor accident on 11.04.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Dumper bearing registration No.CG-13-A/5911; as the above offending vehicle Dumper, 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 the compensation to the claimants.
As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality.
The Tribunal assessed the income of the deceased at Rs.6,000/- per month. By deducting 1/3rd of Rs.6,000/-towards the personal expenses of the deceased, the claimants'' dependency was assessed at Rs.4,000/- per month and Rs.48,000/- per annum. By multiplying the annual dependency of Rs.48,000/- with the multiplier of 8, the compensation was worked out to Rs.3,84,000/-. By awarding further sum of Rs.30,000/- under other heads, the Tribunal awarded a total sum of Rs.4,14,000/- as compensation to the claimants for the death of deceased Manohar Lal Chauhan in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.4,14,000/- @ 5% per annum from the date of filing of the claim petition till the date of actual payment.
Shri RS Patel, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs.6,000/- per month and the claimants'' dependency at Rs.4,000/- per month and Rs.48,000/- per annum, it has erred in selecting the lower multiplier of 8; and in awarding low compensation of Rs.4,14,000/- only.
Shri Shivendu Pandya, learned counsel for respondent No.1, the New India Insurance Company Limited, the insurer of the offending vehicle Dumper, on the other hand, supported the award and contended that the compensation of Rs.4,14,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.
As learned counsel for the appellants has not challenged the assessment of the income of the deceased by the Tribunal at Rs.6,000/- per month and the claimants'' dependency at Rs.4,000/- per month and Rs.48,000/- per annum, we have not examined these aspects of the matter.
The multiplier of 8 selected by the Tribunal is certainly on the lower side and requires reconsideration.
Considering that deceased Manohar Lal Chauhan was aged about 52 years on the date of the accident, we are of the opinion that multiplier of 11 would be appropriate in the present case in view of the dictum of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , wherein multiplier of 11 has been prescribed for the age group between 51-55 years.
By multiplying the annual dependency of Rs.48,000/-with the multiplier of 11 the compensation works out to Rs.5,28,000/-. The claimants are further entitled to receive a sum of 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.5,43,000/- as compensation for the death of deceased Manohar Lal Chauhan in the motor accident.
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.
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.1,29,000/- at Rs.11,000/-.
For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation is allowed in part. The compensation of Rs.4,14,000 /- awarded by the Tribunal is enhanced to Rs.5,43,000/- with further quantified amount of interest of Rs.11,000/- on the enhanced amount of compensation of Rs.1,29,000/-.
Respondent No.1 the New India Insurance Company Limited is granted three months'' time for depositing the total sumof Rs.1,40,000/- (Rupees one lakh forty thousand only)(Rs.1,29,000/- towards enhanced amount of compensation +Rs.11,000/- towards quantified amount of interest on theenhanced amount of compensation of Rs.1,29,000/-) before theconcerning Claims Tribunal.16) No order as to costs.