/ BSRi IN THE HIGH COURT OF (CHHATTISGARH) AT BILASPUR MISC. APPEAL (C) No.l-s"1' /2006. APPELLANT CLAIMANT 1) Manki Bai, W/o. late Shri Laxmi Narayan Dewangan, aged about 50 Years, 2) RamKrishna Dewangan, S /o. late Shri Laxmi Narayan Dewangan, aged about 31 years. 3) Devendra Kumar Dewangan, S/o. late Shri Laxmi Narayan Dewangan, aged about 29 Years, •$)•) Surendra Kumar Dewangan, S/o. late Shri Laxmi Narayan Dewangan, aged about 25 Years, All R/o. Village Khaprabhat, Post Devri Banglow Tahsil Dondilohara, Distt. Distt.- Durg (C. G.) (—TTDV—K~-^V /y^. Present R/o. Sur Singar Shankar Nagar Near Gulati Narsingh Hom.e Durg P. S. Mohan Nagar, Distt. Durg (C. G.) VER S U S RESPONDENTS :1) Anil Kumar Sahu, S/o. Shri Anand Ram Sahu, aged about 35 years. DRIVER 2) Anand Ram Sahu, S/o. Shri Punau Ram Sahu, aged about 60 years. OWNER Both R/o. Qu. No. F/32 193/C, Rajya Vidyut Mandal Colony Bhilai-3, Tahsil and District Durg (C. G.). 3. ^ The Brach Manager, New Insurance Company Limited Power House Opp. Project Automobilies Bhilai P.S. Chhawni, Tahsil 8;, Distt. Durg (C.G.) INSURER [ fci^»a^^^KFsw,.; - TT":" :^:'; w- MEMO OF MISC. APPEAL (C) U/S,173 OF TliE^ MOTOR VEHICLE ACT 1988. HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR DIVISIQNBEWai CORAM: HON'BLESHRIH.L.DATTU,CJ& HON'BLE SHRI V.K. SHRIVASTAVA, J. MISC. APPEAL (Cl N0.253 OF 2007 APPELLANTS Manki Bai & Othere Versus RESPONDENTS Anil Kumar Sahu & Others Present: Shri J. Gupta, counsel for the appellants. None for e respondents. ORALORDER (Passed on 28m February, 2007) The following oral order of ttie Court was passed by Vijay Kumar Shrivastava, J. On 29-3-20)4 Laxmi Narayan Etewangan (since deceased) and other persons namety Rahul, Anuj, Suraj, ^/lahendra and Chotelal were returning after attending the marriage ftinctton by jeep bearing registration No.CG-07-ZD-1325 (for short "the offencSng vehrcte"), as a result of rash and negligent driving <rf respondent No.1, the offending vehicle met with an accklent near Ganapati Sah^ent. The deceased sustained injuries and succumbed to those. Appeltants/claimants, who are the legal representatives of the deceased, filed an application under Section 166 of the Motor Vehicles Act, 1988 (for shori "the Act, 1988') against all ttie respondents, who are driver, owner, and insurer of the offending vehicle. Respondents contested the ctalm. 11 Additional Motor Accident Claims Tribunal, Fast Track Court, Durg (for short "fhe TribunaF) after due enquiry passed the impugned award dated 31-7-2006 in claim case No.4/2005 wheret^ allowed compensation in favour of the appellants as per the detail givepAelow: ' S.No. Head Amount 1. Lossofdependency 50,000=00 2. For medical expenses 2,136=00 3. For Consortium 5,0(%>=00 4. For love & affection 15,000=00 5. For funeral expenses 2,000=00 6. For toss of estato 10,000=00 TOTAL 84,136=00 Feeling aggrieved the appellants have filed this appeal under Section 173 of the Act, 1988 for enhancement of the compensation amounf. 2) Learned counsel for the appellants contended that the award passed by the Tribunal is not just and reasonable. 3) We have gone Ihrough the award. The age of ttie deceased has been recorded 67 years by the Tribunal in accordance with the legat evidence present in the record. No legal documentary evidence has been adduced by fte appellants in support of any income of the deceased. Therefore, the Tribunal after taking the notfonal income Rs.15,000/- per annum reduced 1/3"f towards his own e)q3enses and applying muttiptier of 5, recorded compensaUon towrards loss of income Rs.50,000/-. Tribunal sympathetically considered the case and allowed reasonable amount towards other heads as above. We are of the considered view that the amount awarded by Uie Tribunal fs just and reasonable. 4) In the result, the appeal being ctevoid crf substance deserves to be dismissed and is accordingly dismissed. N^coste^ ^< / Sd/- ! .^._ sd/- ChiefJustice | V-K.Shrivastava