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 23.03.2012 passed by the 5th Additional Chief Motor Accident Claims Tribunal, Raipur (in short, the Tribunal) in Claim Case
No.134/2011. Vide the said impugned award, the Tribunal has awarded a compensation of Rs.2,46,000/-along with interest @ 9 percent per annum
from the date of application.
2. While passing the award, the Tribunal has exonerated the insurance company of its liability and has fastened the same upon the respondents
No.1&2, driver and the owner of the offending vehicle.
3. Counsel for the appellants-claimant submits that the amount of compensation awarded by the Tribunal is unreasonably low inasmuch as the income
assessed, so also the multiplier applied all have not been done in accordance with the guidelines of the Supreme Court laid down in case of Sarla
Verma and Ors. Vs. Delhi Transport Corporation and Anr. 2009 (6)SCC 121. The claimants would also be entitled for future prospects. Thus, prayed
for amount to be suitably enhanced.
4. The counsel for the insurance company submits that since the insurance company has already been exonerated of its liability, he has no objection so
far as the appeal of the claimants seeking enhancement of compassion is concerned.
5. Having heard the counsel on either side and on perusal of records, the undisputed facts which erupts is the date of accident being 02.09.2010; the
deceased being Jitendra Katre aged about 30 years and the vehicle involed is a Bolero Jeep bearing registration No.CG- 04-HA 1590. Though the
claimants have pleaded that the deceased was earning Rs.11,500/-, but there was no substantial evidence to establish the same. Now, so far as fixing
the notional income is concerned, if we take into consideration the period of accident which is September, 2010, indisputably during the said period
even an unskilled labour would had been earning more than Rs.200/- a day which would bring the monthly income at Rs.6000/-. Therefore, this court
has no hesitation in assessing the income of the deceased at Rs.6000/- per month which brings annual income at Rs.72,000/-. In addition the claimants
would also be entitled for 40 percent of the said amount towards future prospects.
6. Accepting Rs.6000/- as monthly income, if 40 percent of it is added towards future prospects, the monthly income would reach to Rs. 8400/- and
Rs.1,00,800/-annually of which if 50 percent is deducted towards personal expenses as the deceased was a bachelor, the amount left would be
Rs.50,400/-, which if multiplied by applying the multiplier of 17, the amount would become Rs.8,56,800/-. It is ordered accordingly that the claimants
shall be entitled for loss of dependency at Rs.8,56,800/-. In addition, the claimants shall also be entitled for an additional lump sum compensation of
Rs.40,000/- under the conventional heads to make the total compensation payable at Rs.8,96,800/- instead of Rs.2,46,000/- as awarded by the
Tribunal.
7. The above enhanced amount of compensation shall also carry interest at the same rate as awarded by the Tribunal.
8. Accordingly, the appeal of the appellants-claimant stands allowed and disposed of. The liability of payment of compensation shall remain that upon
the respondents No.1&2-the driver and the owner of the offending vehicle.
