Ratko Besahu Ram and Another vs Bhajan Ram and Others

Rajeev Gupta, C.J.—This is claimants appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal Ambikapur district Surguja (for short the Tribunal) vide award dated 8-11-2010 passed in Claims Case No. 41/2010 (Old No. 91/2009). As against the compensation of Rs. 7,65,000/- claimed by appellants/claimants, unfortunate widow and son of deceased Basahu Ram Gond by filing a claim petition u/s 166 of the Motor Vehicles Act for his death in the motor accident on 30-4-2009, the Tribunal awarded a total sum of Rs. 1,93,000/- as compensation along with interest @ 9% per annum from the date of the 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 Besahu Ram Gond died on account of the injuries sustained by him in the motor accident on 30-4-2009 the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration No. CG-15A 5250 : as the above offending vehicle Bus on the date of the accident was insured with the Oriental 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 insurer of the above offending vehicle Bus has not filed any appeal against the impugned award challenging the above findings recorded by the Tribunal, the same now have attained finality.

The Tribunal assessed the income of the deceased at Rs. 100/- per day; Rs. 3,000/-per month; and Rs. 36,000/- per annum. By deducting 1/3rd of Rs. 36,000/- towards the personal expenses of the deceased, the claimants'' dependency was assessed at Rs. 24,000/-per annum. By multiplying the annual dependency of Rs. 24,000/- with the multiplier of 7, the compensation was worked out to Rs. 1,68,000/-. By awarding further sum of Rs. 25,000/-, the Tribunal awarded a total sum of Rs. 1,93,000/- as compensation to the claimants for the death of deceased Besahu Ram Gond in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,93,000/- @ 9% per annum from the date of the filing of the claim petition till the date of actual payment.

Shri V.K. Pandey and Ms. Neha Verma, learned counsel for the appellants submitted that though the Tribunal has rightly assessed the income of the deceased at Rs. 36,000/-per annum and the claimants'' dependency at Rs. 24,000/- per annum, it has erred in selecting the lower multiplier of ''7'' and in awarding low compensation of Rs. 1,93,000/-only.

Shri Ratan Pusty, learned counsel for respondent No. 3 the Oriental Insurance Company Limited the insurer of the offending vehicle Bus on the other hand supported the award and contended that the compensation of Rs. 1,93,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

In a motor accident claim case what is important is that the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case it should neither be a meager amount of compensation nor a bonanza.

Now, we shall examine as to whether the compensation of Rs. 1,93,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

As learned counsel for the appellants have not challenged the assessment of the income of the deceased by the Tribunal at Rs. 36,000/- per annum and the claimants'' dependency at Rs. 24,000/- per annum, we have not examined these aspects of the matter.

Deceased Besahu Ram Gond was shown to be 58 years of age in his postmortem report. The dictum of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, ) prescribes multiplier of 9 for the age group between 56-60 years. The Tribunal, therefore, ought to have applied the multiplier of 9 in place of 7.

By multiplying the annual dependency of Rs. 24,000/- with the multiplier of 9, the compensation works out to Rs. 2,16,000/-. 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 receive a total sum of Rs. 2,31,000/- as compensation for the death of deceased Besahu Ram Gond in the motor accident.

The claimants are awarded further sum of Rs. 4,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 38,000/-.

For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 1,93,000/- awarded by the Tribunal is enhanced to Rs. 2,31,000/-with further quantified amount of interest of Rs. 4,000/- on the enhanced amount of compensation of Rs. 38,000/-.

Respondent No. 3 the Oriental Insurance Company Limited is granted three months'' time for depositing the total sum of Rs. 42,000/- (Rupees forty two thousands only) (Rs. 38,000/- towards enhanced amount of compensation + Rs. 4,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 38.000/-) before the concerning Claims Tribunal. No order as to costs.