-^ OF JUDICATURE CHHATHS5ARH : &IVISION BENCH : HON'BLE H.L. DATTU. CJ <1 HON'BLE SHRI V.K. SHRIVAST^VA, J. APPELLANTS RESPONDENTS MISC. APPEAL (O N0. 20 OF 2007 1) Devcharan yadav, S/o Barjun yadav, aqed about 55 years 2) Sha'nti Bai, W/o Devcharan yadav, Aged aboMt 50 years 3) Vijay Yadov/ S/o Devchcr-an Yadav, ;A9ed about 22 years 4) Barjun Yadav, S/o Lcite Devlol Yadav, Aged csbout 75 years 1, Ai! residents of Viilage Junvanikhurd, Post Kheda/ Police Chowki ~ Moro, PS Nandghat, Tehsil Nowagarh, Dist Durg, Versus 1) Shiv Kumar, S/o Ranfsdi jGis^ai, R/o Amnc, PS Kota, District °- Bilaspur (Vehicle Driver) 2) Smt.TejkGur, about 60. years, Wife of Dilip 5in9h Dhanwa, Caste - Sikii/ R/o Arya Coiony', Tifpe, Dlstrict - Biiaspur {C6) 3) The Orienta! Insurance Company Limited, In front of High Court, Biiaspur (C6) Shri Pawan KeshQrvyani, counse! for the appeilants. Nohe for th©respondents. OftAL (Passed on 12thJAaEch, 2007) t Q? "V'. The foilowing orai order of the Court was passed by Vyay Shrivastava, J. This appea! under Section 173 of the Motor Vehicie Act 1988 (for shorl' "the Act") has been directed for enhancement of the compensation, agdnst the award dated 13.11,2006 by Additiona! Motor Accident-. Claims Tribund, Mungeii, Biiaspur (henceforth "the Tribund") in Claim Case No.17/2006. 2] On 09.12.2005, Ajay (since deceased) WGS coming to his house from Viilage Khera On the way, respondent No.l driving truck bearing registration No*C(5-04-ZC/8186 (for short "the offending vehicle") in G rash and negiigent manner,, das-hed the deceased, who sustdned serious injuries and succumbed to t.hose. Appeliants who are Segal representatives of the fifed an appjjcation under Section 166 of the Act for grant of compensGtJon against respondents who are driver, owner and insurer of the offending vehicle* 3) Respondents contested the claim. After enquiry the Tribunal an award as below: a) loss of dependency b) funeral expenses c) treatment and transportation d) love and affection Tota! award amount Rs.2,04,000/- Rs.3,000/- Rs.5,000/- Rs.8,000/- Rs.2,20.000/- 4) Heard ieGrned counsei for the appeliants. He contends that the compensation awarded to the appdlarrj'sis not just and proper. 4 5) We have gone through the award and perused record of the Tribuna!* The TribunGJ having considered the evidence adduced by the appeliants recorded the finding, It is manifest that no docurnent to'establish income of the deceased has fiied or proved by the appe!jants. However, the Tribunaj a!!owed rnonth!y income of the deceased Rs2,OOQ/m. Deceased was bacheior and the appejtants are parents, brother and grandfather. Therefore, Tribuna! after reducing the expenditure incurred by the himseif recorded loss of annuai dependency Rs,12,OOOA Deceased vuas aged 24 years therefore, Tribunai Gppiied muitipjier of 17 and recorded loss of dependency Rs*2,04,000/m. On other heads aiso TribunQi ailowed compensation to the appejlants GS above. Here, it is rsot out of pbce to mention that the TribunGi in according compensGtJon aiso viewed the inatter with sympathy^ Compensation awarded by the Tribunal not appear to be unju.st or improper. 6) We Gre of the considered opinion that the finding of facts recorded by the TribunQ! and compensation allowed by it does not suffer from such iilegality, which may ca!l for interference by this Court under its appeiiate jurisdiction. Therefore, the apped is dis.missed in !lmlm Sd/- CIiiefJustice Sd/- V.K. Shrivastava Judge .-