P. Sam Koshy, J
1. The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimants seeking enhancement of compensation against the
award dated 07.09.2011 passed by the Chief Motor Accident Claims Tribunal, Raipur (in short, the Tribunal) in Claim Case No.109/2009. Vide the
said impugned award, the Tribunal has awarded a compensation of Rs.1,12,000/- to the claimants along with interest @ 6 percent per annum from the
date of application.
2. Counsel for the appellants-claimant submits that the amount of compensation awarded by the Tribunal is unreasonably low and the same deserves
to be suitably enhanced. He submits that the deceased in the instant case was a pensioner and his pension has not been properly assessed by the
Tribunal while quantifying the compensation. It is a case where even the compensation under the other heads ought to have been much more than
what has been awarded. He drew the attention of the court towards bank pass book of the deceased which shows that he was getting monthly
pension of Rs.7065/-, but the Tribunal has assessed the income of the deceased at Rs.3000/- which is unreasonably low. Thus, prayed for amount to
be suitably enhanced.
3. The counsel for the insurance company, however opposing the appeal submits that the award seems to be fair and reasonable and there is no scope
of interference. Therefore, the appeal does not have any merit and the same deserves to be rejected.
4. Considering the submissions put forth on either side and on perusal of records, some of the undisputed facts as it stands is the date of accident being
06.05.2009; the deceased in the instant case being Ramawtar, a 66 years old pensioner; the vehicle involved in the accident and it being duly insured
with the respondent No.3- insurance company. There is no dispute so far as liability which has been fastened upon the respondent-insurance
company. What is also an admitted factual position was that as per records available before the Tribunal, the deceased was drawing pension of
Rs.7065/- per month though subsequently the widow of the deceased has been getting family pension at a reduced rate, and hence the Tribunal has
assessed the income of the deceased at only Rs.3000/-.
5. Considering the factual matrix of the case particularly taking note of the fact that deceased was getting monthly pension of Rs.7065/-, this court has
no hesitation in assessing the income of the deceased at Rs.7000/- per month which brings annual income at Rs.84,000/- of which if 1/4th is deducted
towards personal expenses, the amount left would be Rs.63,000/-, which if multiplied by applying the multiplier of 5, the amount would become
Rs.3,15,000/-. It is ordered accordingly that the claimants shall be entitled for loss of dependency at Rs.3,15,000/- instead of Rs.90,000/- as assessed
by the Tribunal. In addition, the claimants shall also be entitle for an additional lump sum compensation of Rs.70,000/-under the conventional heads to
make the total compensation payable at Rs.3,85,000/- instead of Rs.1,12,000/- as awarded by the Tribunal.
6. The above enhanced amount of compensation shall also carry interest at the same rate as awarded by the Tribunal.
7. Accordingly, the appeal of the appellant-claimants stands allowed and disposed of.