EEGH $Gi§RT OF GHHI-XTHSgARH AT BgLA$PUR QEWEQN BENCH CQRAM: H$N’ELE $HRE RAJEEV GU53TA5 CJ, 8,. §~§ONg$LE $HR§ RANQNATH CHsANDRAKAR, ,3. M§§En Ammai {C‘a Ne: 57% of 2mm £gmi§ams Smt Gurprit Kaur; W/o Late Prithi Pal maimarnts Smgh, Aged aboui 42, professian HoweWifa Harvinder Kaur, D/a Late Prithi Pa! Singh, Aged abwt ’18 years w Dhafmendra Singh, S/o Late Prithi Pa1 Sirigh (Student), Aged abcut 1’5 yeafs Rajvinder Kaur, D/c Lam iDr‘lthi ‘Pai Singh (Studem), Aged about 13 years: Taran}eet Kaur, D/o Late Prithi Pal Singh (Siuden‘t) Smt Mahender Kaur, W/orHarvansh Singh, Aged about 62 years Harvansh Singh; S/o Kr§pa Singh, Agaj abcut 67 ears Appeilant Nos 3, 4 and 5 are repx'esemed by iegai guardian mother appellant No.1, Rio Veereawarkar wager. Heerapur; PO Tatiband‘n, 53$ Amanaka, Tehsii & Diett Rarpur (CG)~ XIERSGS Reeeendemg. 1. Haricharan Salotra @ Biitu, 8,10 Nonua‘epimame Darehan Saietra, aged abeut 28w ‘years; Profession Truck Driver, R/o Asam- ‘u’jrat Careere, Ring reed No.1 Taiiband‘n, Raipur (CG) y 2. Amarik Sing'n, S/o Bakshish $ingh, Professmn Tmck Owner R10 Auawi— Gwrat Careers Ring Road No1 t‘bandn Rapm Dmt" Raipur (CG) The New india Insurance C0. Ltd. By DWisional Manager, Divi$iona§ Office Number n 1; Kachahari Chowk, jail Road, Raipur 1 Misc Aameai under Section 1% of tm Motoa' Vehides Act Present. ShriA L Smgraui counseiforthe appeuants Shn Da3aza‘th Gupta counSel for respondent No 3 eRnER i (215‘ Feemaw, 2w} The foilewing order of the Court was passed by Rageev Guntag SJ. This is claimants‘ appeal for enhancement of the 5': 7‘7 compensation awarded. by the First Additional Motor Acoidente Claims Tribunai, Raipur (for short ‘the Tribunai’) Vide award dated 16.02.2006, passed in Clairn Case No.58l2005. 2) As against the compensation of Rs.i6.75.000/— claimed by the appellantsi claimants, unfortunate Widow, minor ehildren and parents of deceased Prithi Pal Singh, by filing a ciaim petition under Section 166 of the Motor Vehioies Act, for hie death on 10.04.2005 on account of the injuries sustained by him in the motor accident on 09.04.2005 the Tribunal awarded a total sum of Rs s 31 0001- as comoensation alono With interest 9% per annum from the date of filino of the riaim petition tiii the date or actual payment. ‘ J 3) Shri A.L. Singraul, Earned ceunsel for the appeiiants vehemen‘tiy argued that the Tribunal has erred in not awarding any sum towards'medical expenses which were incurred by ihg cla§mants oni‘ne freatment of rhe deceased before his death; and in awarding low oompensaiian of Rs.3,3i ,C‘GOJ— only, 4) Shri Dasaraih Gupta, learned counsei for respondent No.3 the New indie insurance Company Limited on the oiher hand supper’ced the award and contended that the cempeneation of RS.3,31,000I~ awarded by the Tribuhai is iuet and proper compeneation in the facts and circumstances of the preeent case. 5} Oh due consideration of the submissions or’ teamed counsei for the parties and the evidence led before the Tribunai, we are satisfied that the Tribunai has rightiy assessed the income of the deceased at Rs.3,000/- per month; the ciaimants’ dependency at Rs.2;000l— per month and Rs.24,000!- per annum by dedectirig 1/36 of the irtcome of the deceased towards his personal expenses; and selected the appropriate multipiier of i3. e not awarding any sum towards the medical expenses incurred by the claimants on the treatment of the deceased on 09.04.2005 and 10.042005 7) True, AWQ Smt. Gurprit Kaur, widow of deceased Prithi Pai «e Singh has deposed that a sum of Rs.50,000/— was spent on the Nevertheless, the Tribunal has certainly failen into error in .J. treatment, but no bills and vouchers were produced before the Tribuna! to establish ihe medica! expenSe$ io that extent. 8) Be that as it may; the fact {emains that the deceased was under tteatment on 09.04.2005 at Bilaepur and then on 10.04.2005 before hie death at Raipur. tn our opinion, the Tribunal ought to have awarded some amount on its own eetimate towarde medical expenses. 9) Considering ail the reievant aspecte of the matteriwe are of the opinion that award of Rs.10,000/— towards medical expenses wouid be just and proper in the facts and circumstances of the present case. 10) The oiaimante are further awarded a aum of Rs.1,000r- towards quantified amount of intereet on the enhanced amount 0t compensation of Re.10,000/-. it) For the foregoing reasons, the appeal tiled loy the aopellants/ claimante for enhancement of the compensation is ailowed in part. The. claimants are awarded further sum of Rs.11,000]— (Ra.t0,00G/— towards enhanced amount of compensation + Rst ,OOOI- towards quantified amount of interest on the enhanced amount of compensation of Rs.10,000/—) in addition to the sum of Rs.3,31 ,000/- awarded bythe Tribunal. id, ‘230 12) Respondeni No3 the New lndia insurance Company Limited is granted three months’ time for depositing the iotal sum of Rs.i 1. ,OOO/- before the concerning Claims Tribunal. 13) No order as to costs. ‘ / sal— sw- ‘ gnaw Chandraka" Chief Justice Ran Judge subbu