@ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) aoh M.A.(C) No. 9.2g APPELLANTS : 1. Sunita Das, Wd/o Nirmal@Rakesh Das CLAIMENTS Aged about 26 yrs. 2. Ku. Glacy, D/o Late Nirmal@Rakesh Das, aged about 01 yrs. 3. Nelika Das, Wd/o Late Khrishta Das, aged about 50 yrs. 4. Ku. Nitu D/o Khrishta Das, Aged 16 yrs, 5. Ku. Babita D/o Khrishta Das, Aged !4 yrs,Minor appellant‘no.2 is represented by Iegal guardian mother appellant no.1, Minor appellant nos.4-5 are represented by iegal guardianmother appellant n§AII resident Ganeshpur,PS- Simga, Distt. Raipur‘(E.G.) $ M13219 Vs. RESPONDENTS: 1. Deshiram, S/o Shobhitram Nishad, NON-APPLICANTS R/o Saurabh, PS— Arjuni, Dist— Dhamtari (C.G.), PA— C/o Ramchandra Panjawani, Lalbaghicha, Dhamtari, CG Asha Devi Panjawani, W/o Ramchand Panjwani', R/o Lalbaghicha, Ratnababa Chowk, Dhamtari CG. 3. The Oriental InsuranceCo.Pvt. Ltd., through the Divisional Manager, The Orienatal general Insurance co. Pvt.ltd. Jail Road RaipUr, Dist- Raipur (C.G.) ‘~ Semandas S/o Premdas, R/o Ganeshpur, PO- Vishrampur, Dist- Raipur,CG 5. The New India Insurance Co.ltd., Through, the divisional manager,Division no.2, Near Jivan Bima Karyalaya,’ Pandari, Raipur, CG Miscellaneous ADDeal under Section 173 of the Motor Vehicle Act, 1994 9 HIGH COURT OF CHHATTISGARH AT BILASPUR MA. C PRNO.3837 0f2010 . NRC, 29.6 11 APPEAL UNDER SECTION 173 WE MOTOR VEHICLES ACT SB: Hon’hle Shn' Justicé N. K. Agarwal. V/j Present : Shri OP Yadav, Advocate for the appellants. ORAL ORDER E (Passed on 08.02.2011) 1. Heard on application for condonation of delay. 2. Looking to the fact that there is no limitation prescribed for filing of the claim petition before the claims Tribunal, delay deserves to be and is hereby condoned, Registry to register the case. Also r heard on admission. The instant appeal is directed against the award dated 23.01.2009, passed by the Xth Additional Motor Accident Claims Tribunal, Rai‘p'ur (for short ‘the Tribunal’) in claim case No. 101/07, whereby an amount of Rs. 4,30,000l-‘has been awarded in favour of the claimants along with interest @ 6" percent per annum from the date of application till its payment. A Brief facts of the case according to the appellants are that, on \OA052007, Rakesh @ Nirmal Das (since deceased) while riding —;4—‘:— /r/notorcycle bearing registration No. CG—04-CU—899l and was \\\ APPELLANTS : Sunita Das 8c others VERSUS RESPONDENTS : Deshiram & Others I; going towards Dhamtari along with his fu'ends Sgcmon and Mohan Masih, all of sudden lost his balance over the motercyclg due to burst and collide with Truck bearing registration No. CG- 07-ZC-0940 which was Standing on the road, as a result of which all of them succumbed to the injuries sustained in the said accident. As against Rs. 5,86,000/- claimed by the claimants, the Tribunal, awarded total sum of Rsl 4,30,000/— as compensation in favour of the claimants along with interest @ 6 percent per annum from the date of application til] its payment; The Tribunal assessed the income of the deceased at Rs. 3000/- per month i.e. Rs. 36,000/-‘per annum; deducted 1/3” of it (Le. Rs. 12,000/-) towards personal expenses ofthe deceased; looking to the age of the deceased as 22-23 years at the time of accident, applied multiplier of l7, assessed the amount of compensation at Rs. 4,08,000/— towards loss of dependency (24,0CO/- X 17 = i 4,08,000/—) and thither awarded Rs. 22,000/- on other heads, and thus awarded total sum of Rs. 4,30,000/-(4,08,000/-+22,000/-) in favour of the claimants. Shri Yadav, learned counsel appearing for the appellants would submit that the Tribunal has wrongly assessed the income of the deceased on lower side; and therefore, the amount of compensation needs enhancement. I have heard the counsel appearing for the appellants and perused the order impugned. \ ‘ The Tn'bunal has rightly assessed the income of the deceased at Rs. 3000/- per month; looking to number of the claimants rightly deducted 1/3“ of it towards personal expenses of the deceased and looking to the age of the deceased, has rightly applied multiplier of l7, the Tribunal has rightly passed the award of compensation in' favour of the claimants, and in the considered opinion of this court, there is no scope of interference in the amount of compensation awarded by the learned Tribunal. lO. In View of above, the appeal being devoid of substanCe is liable to be and is hereby dismissed, No order asto costs, a, a’ Sd/‘ N. K. Agarwa‘ Judge f I “III—z Fm‘