w DIVISiON •iv!; nuit' »i^^ft,i?oa IRI 1^11 213 ^iaHiicsnts 4 Smt. San.qeeta Devi Yadav, W/o L3i8 £?nr3¥v8nYSOSV, SQBQ aooui ^i years. Mjnor Shh/am Yadav S./o Late Shrawan Yadav Smt. Budhna Devi Yadav, VWo Mithai Lai Yadav, aged about 40 years Mlthai Lai Yadav, S/o Bhullan Yadav, a&'ed about 46 years. FADDellant No. 2 beina minor on behalf of through his iegal guardian the appellant No. 1 Smt. Devi Yadavt A!l R/o - ViiSage- Badha'A'ar, Post- Badhawar, Police Station & Tehsi' Sakaidiha, District - Chandali (U.P.) Al! Present R/o - Civi! Lines, Balodabazar, District - Raipur (C.G.) Non-appiicants M/s Durga CarrierPvt. Ltd. i-fead Post- Balodabazar, District- Raipur (C.G.) (Reglstered ovmer of Vehicle. Truck bearing registration No. C.T.04/G- The Hew india Insurance Company Limited throug.h Divisionat Fvlanagei', Divisional Office, Ralpur, Tehsi! & District-Raipur(C.G.) irsr of -Vfihici^ Tn t^ ^ ^ \/^ i.^''S*!?l^hf ? i ^ WBiliIU reuistration No. C.T.04/G-0396) iViisc. AoDeal under Sectlon 173 of the iVIotor Vehlcies Acl 'resent: Shri Dharmesh Shrivastava, counsel ji^<i ^ 3 a^? 32 ^-li^At lt>»«^- Shri Sudhir Agrawa! and Shri P. Dutta, counsei for respondent No.2. ^'t'^l»3i:j=.f^i. :a'nri ^.ft ^ ^ ^ J 3 'he fQilovi/ina order of the Court was passed b-v Gupta; C.J. This is ciaimants' appeai for enhancement of compensation awarded by the First Additional Motor Accidents C!sims Tribunal, Baloda Bazar (for short 'the Tribunal') vide award dated 27.04.2006, passed in Claim Case No.23/2006. 2) As against the compensation of Rs.19,63,000/- claimed by ths appe'Jants/ ciaimants, unfcrtunate widow, minor son and psren+s of deceased Shravifan Yadav, by flllng a ciaim petltion under Sectlon 163-A ofthe Motor Vehicles Act for his death in the motor accident on 28.01.2005, the Tribunal awarded a totai sum of Rs.2,75,200/- as compensation along with interest @ 6% per annum from the date ot' filing of the clalm p°tition tili ^ttie.date of actuai payment. 3) Shri Dharmesh Shrlvastava, learned counsel for the aDDellants vehementlv araued that the Tribuna! has erred in awarding !ow compensation of Rs.2,75,200/- only. 4) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.2 - the New India Insurance C.ompany Limlted on the other hand submitted that i.n fact, the claimants' claim petition ^•v^^^. fjied under SectJon 163-A of the Motor Vehicies Act was not maintainable at a!l as the claimants pleaded that deceased Shrawan Yadav's income as driver was Rs.8,000/- per rnonth i.e. more t'nan Rs.40,000;- oer annum. 5) !n a rnotor accident dalm 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. !t should neither be a meaaer s-mount of comDensation, n.or a Bonanza. 6) Mow we shall examine as to whether the compensatlon of Rs.2,75,200/- awarded bv the Tribunai is just and proper compensation in the facts and circumstances ofthe present case. 7) Admittediv, deceased Shrawan Yadav himself v/as drivin.a the truck which fell in a pond resultina in his death. No other vehicle was involved in t'ns accident. The ciaimants pieaded t.hat d.eceased Shrawan Yadav used to earn Rs.8,000/- per month, whereas the Tribunai assessed the income of the deceased at R.s.2,000'- per month. The Tribunal selected the muitipiier of 17 considerina that deceased Shrawan Yadav was shown to be 30 yeacs ofage i" his post mortem rsport. 8) On due consideration of the submisslons of iearned counse! for the parties and the above-mentiDned broad features of the case, we are of the opin'on thst the compensation of Rs.2,75,200/- a'warded by the Tribunai is just and proper compensation in the facts and circumstances ofthe present case. SU&Dli 9) We, therefore, do not find any scope for enhancement of the compensation awarded bv the Tribunal. 10) The appeai filed by tRe appeiiants/ claimants for enhancement of the compensatlon, therefore, is Siable to be dismissed and is hereby dismissed. 11s No order as to costs. -—— -— i Sd/- ChiefJustice Sd/- Rangnath Chandrakar Judge