HI&H_ COURT OF CHHAm56ARH_AT BILASPUR CORAM: HON'BLE SHRI JA6DI5H HON'BLE SHftI DILIP RA05AH OE5HMUKH. J. MiscallQReous AppeaS (O No. 754 of 2007 r"L? Smt. tfiaheshiy'G Bai aaed about 25 years, VV/o late Nakshhed Dhruv 2. Sh"i burgesh bhruv aged about 9 years, S/"o late Nakchhed &hruv 3. Shri Mukesh &hruv aged about 7 years, ^/r> Ifl+o MoL'-'-^h&ri f^h"ii^ >-//<J 1U;C, I •<<t£.T\K-ii!I'S.U L/i;! UV> 4. Ku. h'cmta Dhruv cged about 5 years, E)/o late Nakchhed Dhruv (No. 2 to 4 are minor, represented by motner, naturat guardian, Maheshiys BaQ 5. Smt. t)ukalhin Dhruv, aqead about 60, W./o Mantram Dhruv RESEQNDEMfS.: Non-appiicanTs 6. Shri /Aantram &hruv, aged about 55 years, S/'o iate ("Aohcn Ohruv, (A!l. R/o gram - Patpura, Chouki c.ro, Thanc - Nandghat, Distt. Durg (C.6.) VFP5U5 Radheshyam Verma, aged abeut 32 years, S/Q Hariram Verma, R/o - 6ram-PaTpura, Chouki rtaro, Tnana - Nandahat, Gistt. Ourg. (£.<?.). Oriver d Owner of the vshic s. 2. The.. Orientai Insursnce Co. Ltd. Kachahari Chouk, i'Aadina yionzil, C/o Branch 0-ffice, Rcjiv Plcsza, Bus Stsnd, Bilasour, (C.6.) (Bima Co.} Ai3Dea!,unde.r~ Sec*ion_lZ3^(Aotpr Vehicie Act. 1988 Prssant: Shri 3.R. ^hosh wsth Smt. M.ssrQ J'siswai counse! fQr ths sppellants. OSAL OR&ER (Passed on 09f!l July, 20Q7) The foilowino oral order of the Court was passed by E>ilip Raosaheb Deshmukh. J. Heard. The soie point urged by learned counsel fo" the appellants in this cppeal for enhancement of compensation of Rs.4,00,000/- awarded by the W\.A.C.T. Btlaspur in c!aim case No. 403 of 2006 in a case of accidentai death of one Nakchhed aged about 20 years is that lecmed Motor Accident Claims Tribunal, Bilaspur erred in asgessing monthly income of the deceased cs Rs.2,500/-. Upon perusal of impu9ned award, we find that no indapenderrt evidence was led by the ciaimants / appeilants to prove actuai income of the deceased. Evidence cf the t? ctaimants WGS in contradiction fvew the testimony of non-Qpplicant No.l whe deposed that the deceased was a labourer. In this view of The matter, learned Tribunal hcs rightly ossessed Rs.2,500/- as monthly income of the deceosed. The Tribunal ivas Thus wholly justified in taking the daily income of the deceased Gt Rs.100/- and assessing the monthly income on the bosis of 25 working days at ftg.2500/-. The break up of the compensotion awarded by the Tribunal is as follows: i) ii) iii) iv) V) Loss of dependency Loss of consortium Loss of love and affecticn" Loss of estate Funeralexpenses Rs.3,60,000/- Rs. 15.000/- Rs. 15.000/- Rs. 7.000/- Rs. 3.000/- "otai Rs.4,00,000/- acrfmo In this view of the matter, we are of the considered opinion That the compensation cwsrded by the Tribunal is justfSeat and reasonable compensation and ca!!s for no interference in this appeal. Accordingiy, we do not find cny merit in -i-his sppeal, which is disrRigsed at the stage of admisslon itself. t SdA Ag. Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge