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Judgment
Rajeev Gupta, C.J.—This is claimants'' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Gariaband, district Raipur (for short ''the Tribunal'') vide award dated 2-3-2007, passed in Claim Case No. 85/2006. As against the compensation of Rs. 20,50,000/- claimed by the appellants/claimants, unfortunate widow, minor children and mother of deceased Sunhar Dhruv, by filing a claim petition u/s 166 of the Motor Vehicles Act, for his death in the motor accident on 7-10-2006, the Tribunal awarded a total sum of Rs. 1,75,000/- as compensation along with interest @ 6% 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 Sunhar Dhruv died on account of the injuries sustained by him in the motor accident on 7-10-2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Minibus bearing registration No. C. G.-06/ZA-0168; as the above offending vehicles Minibus, 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 compensation to the claimants.
As the insurer of the above offending vehicle Minibus 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. 15,000/- per annum on the basis of the notional income prescribed in the Second Schedule u/s 163-A of the Motor Vehicles Act. By deducting 1/3rd of Rs. 15,000/- towards the personal expenses of the deceased, the claimants'' dependency was assessed at Rs. 10,000/- per annum. By multiplying the annual dependency of Rs. 10,000/- with the multiplier of 16, the compensation was worked out to Rs. 1,60,000/-. By awarding further sum of Rs. 15,000/- under other heads, the Tribunal awarded a total sum of Rs. 1,75,000/- as compensation to the claimants for the death of deceased Sunhar Dhruv in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,75,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.
Shri R. Pradhan and Shri. Harsh Mahant, learned Counsel for the appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs. 15,000/- per annum only and in awarding low compensation of Rs. 1,75,000/- only.
Shri Q. Aziz, learned Counsel for respondent No. 3, the New India Insurance Company Limited, the insurer of the offending vehicle Minibus, on the other hand, supported the award and contended that the compensation of Rs. 1,75,000/- 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. 1,75,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.
True, the claimants pleaded that deceased Sunhar Dhruv used to earn Rs. 4,000/- per month by working in a Medical Store in addition to the annual income of Rs. 50,000/- from agriculture, the evidence led by the claimants in that behalf was not of clinching nature. We, therefore, do not find any fault in the approach of the Tribunal in discarding the claimants'' evidence about the income of the deceased.
Nevertheless, the income of the deceased assessed by the Tribunal at Rs. 15,000/- per annum in the year 2006 is certainly on the lower side and requires reconsideration.
Considering that deceased Sunhar Dhruv was aged about 38 years on the date of accident, we are of the opinion that he could have easily earned Rs. 70-75/- per day even by working as an unskilled labour in the year 2006. We, therefore, propose to re-compute the compensation taking the income of the deceased at Rs. 2,000/- per month and Rs. 24,000/- per annum.
By deducting the usual 1/3rd of Rs. 24,000/- towards the personal expenses of the deceased, the claimant''s dependency is assessed at Rs. 16,000/- per annum.
Deceased Sunhar Dhruv was shown to be 38 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 the multiplier of 15 for the age group between 36-40 years. The multiplier of 15, in our opinion, would be appropriate in the present case.
By multiplying the annual dependency of Rs. 16,000/- with the multiplier of 15 the compensation works out to Rs. 2,40,000/-. 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. 2,55,000/- as compensation for the death of deceased Sunhar Dhruv 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 of compensation of Rs. 80,000/- at Rs. 12,000/-.
For the foregoing reasons, the appeal filed by the appellants/claimants for enhancement of the compensation is allowed in part. The compensation of Rs. 1,75,000/- awarded by the Tribunal is enhanced to Rs. 2,55,000/- with further quantified amount of interest of Rs. 12,000/- on the enhanced amount of compensation of Rs. 80,000/-.
Respondent No. 3 the New India Insurance Company Limited is granted three months'' time for depositing the total sum of Rs. 92,000/- (Rupees ninety-two thousand only) (Rs. 80,000/- towards enhanced amount of compensation + Rs. 12,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs. 80,000/-) before the concerning Claims Tribunal. No order as to costs.