s:,xs.ss-. Y^ \ <?p^ Ciaimants 1 Smt Kamla Devi aged about 43 years, w/o Sitaram (Mother) 2 Sitaram, aged about 44 years (Father) Both r/o Tiranga Nagar, Zone - 3, Sector II, ihilai, Dlstt Durg (CG) ajhi Chowk, jrsipar, PO Non-Ciaimants Brijvasi Prasad Sharma, S/o Rajaram Sharma, aged about 52 years, r/o Nahar Par, Camp - II, Near Shitla Mandir, By side of Krishna Aata Chakki PS Chhaoni, PO Bhiiai, Distt Durg (CG) New India Assurance Co Ltd., Through Divisionat Manager, Above Union Bank, By Side of Ashish Hotel, Thakkar Chamber, GE Road, Power House, PO shilai, Distt Durg (CG) Shri Amrito Das, counsel for the a Shri RS Patei, counsel for Shri AK Athaley, counsel for ).1. No.2. •th \: SAC.No. 654 of 2008 ^ The following order -'•'''?' the Court was passed This is claimants' appeal for enhancement of the compensation awarded by the 9 Additionat Motor Accident Claims Tribunai, Durg (for short 'the Tribunal') vide award dated 30.11.2007, passed in Claim Case No.72/2006. 2) As against the compensation of Rs.6,41,732/-, claimed by the appeliants/claimants, unfortunate parents of deceased Sanjay @ Sanju by filing a ciaim petition under Section 163-A ofthe Motor Vehicles Act, for his death in the motor accident on 21.02.2006, the Tribunal awarded a total sum of Rs.2,07,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence !ed before it held the New India Insurance Company, the insurer of the offending vehicte Scooter bearing registration No.CG-07/ZN-4404 liable to pay the compensation to the claimants. 4) As the insurer of the above offending vehlcie Scooter has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 2/3rd of Rs.36,000/- towards the persona! expenses of the deceased, the ciaimants' dependency was assessed at Rs.12,000/- per annum. By multiplying the annuai dependency of Rs.12,000/- with the multiplier of 15, the compensation was worked out to .'<-' -^v'x I.A.C.No. 654 of 2008 .-r"f Rs.1,80,000/-. By awarding further sum of Rs.27,000/- under other heads, the Tribunal awarded a total sum of Rs.2,07,000/- as compensation to the claimants for the death of deceased Sanjay @ Sanju in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,07,000/- @ 6% per annum from the date of filing of the claim petition till the date of aetual payment. 6) Shri Amrito Das, learned counsel for the appellants vehemently argued that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased snd in assessing his income at Rs.3,000/- per month and Rs.36,000/- per annum only; In deducting 2/3 of the income of the deceased towards his personal expenses; in selecting the iower multiplier of 15; and in awarding low compensation of Rs.2,07,000/- only. 7) Shri AK Athatey, learned counsel for respondent No.2, the New hdia tnsurance Company Limited, the insurer of the offending vehicle Scooter on the other hand supported the award and contended that the compensation of Rs.2,07,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeai. 8) Shri RS Patel, iearned counsel for respondent No.1 Brijvasi Prasad Sharma, the owner of the offending vehicle Scooter aiso supported the award. 9) .The claimants cannot have any tegitimate grievance about the assessment of the income of the deceased bv the Tribunal at \ 4 .A.C.No. 654 of 2008 Rs.3,000/- per month as they themselves pleaded and proved the salary of the deceased at Rs.3,000/- per month oniy. 10} Even if the deduction of 2/3 of the income of the deceased by the Tribunal towards the personal expenses of the deceased is modified to 50% of the income of the deceased and the claimants' dependency is assessed at Rs.18,000/- per annum; the appropriate muttiplier considering that the ciaimants are parents of the deceased and in view of the dictum of the Apex Court in the case of iVlunicipal Coiporation ofGreater Bombay Vs Laxman lyer and another, reported in $2003) 8 SCC-731 would not be more than 10; by multiplying the annual dependency of Rs.18,000/- with the multiplier of 10, the compensation would work out to Rs.1,80,000/-; by awarding further sum of Rs.5,000/- towards funeral expenses and Rs.5,000/- for loss of estate, the claimants would become entitled to receive a total sum of Rs.1,90,000/- 'as compensation which is less than the sum of Rs.2,07,000/- awarded by the Tribuna!. 11) For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 12) The appeal filed by the appellants /claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 13) No order as to costs. Sd/- Chief Justice Sd/- N.K.Agarwa5 Judge \ ,c^yt-