<-. v>' e COURT-OF CHHATTISGARH AT BILASPUR DIVISION CJ. & SUNSL J. Mlsc. (0 No. 464 of 2008 1. 2. 1 N0.1/ DEFENDANT 1 Ranz Bilash son of Hansial Sahu, aged about 41 years, Smt. Radhika Bai wife of Rambllas aged about 39 years, Both are resident of vsliage Kasra (Khutrapara) P.S. Patna, Tahsil Baikunthpur, Dlstt. Korea (CG) Versus Ajmer Singh son of Ram Singh, aged about 20 yegrs, occupation Driver, Resident of vlliage Kasr, P.S. Patna, Tah. Baskunthpur, Distt. Korea (CG) DRIVEROFTHEVEHtCLE € . N0.2 Maan Slngh son of Skhuram Singh, aged about 47 years, resident of vilJage Kasra, P.S. Patna, presentiy resident of Vikrampur, P.S. and Tah Baikunthpur, Dlstt. Korea (C.G.) OWNER OF THE VEHICLE 3. ).3 The Orientai insurance Company Umited, through the Branch Manager, Ambedkar Chowk, Manendragarh, Ambedkar Road, . Distt. Sarguja (C.G.) 1NSURER OF THE VEHiCLE RlisceHas'ieous Under Sectioii 173 of the Present: Shri Arun Shukla, learned counsei for the appellants. t.. ORDER ?th The fo!!owlng order of the Court was passed by Gupta; C.J. Shri Arun Shukia, !earned counsei for the appeliants is heard on admisslon. 2. This Is claimants' appeai for enhancement of the compensation/awarded by the Motor Accident Claims. Tribunai, Korea, (Balkunthpur) (for short "t'ne Tribunal), vlde award dated 07-01-2008, passed In Clalm Case No. 25/2006. 3. As against the cornpensation of Rs.1.6,13,000/- daimed by the cjaimants, unfortunate parents of deceased - Krishna Kumar, for hls in the motor accident on 10-02-2006, the Trlbunal a sum of Rs.1,84,500/- along wlth Interest @ 6% per annum from the of fiiing of the cEaim petition tii! the date of actuai payment, as compensation to the ciaimants. 4. Shri Arun Shukla, learnsd counsel for the appeJIants vehementiy argued that the Tribunai has erred in not accepting the cJaimants' evidence about the income of the deceased; in deductlng 2/3 of the Incorne of the deceased towards his personai In selectlng the lower muitipiEer of 15; and in awarding !ow compensatjon of Rs.1 ,84,500/-. 5 . Though the cialmants pieaded that deceased - Krishna Kumar, a boy about 17 years used to earn Rs.3,000/- by dP c. working as a labour and another Rs.3,000/- from agriculture, the evldence led by the claimants in that behalf was not of clinching nature. The TribunaE, therefore, whiie discarding the claimants' evidence about the income of the deceased, assessed his income at Rs.3,000/- per month on its own estimate. tn our consldered view, t'ne assessment of t'ne Income of ths deceased by the Tribuna! at Rs.3,000/- per month and Rs.36,000/" per annum does not suffer from any infirmity whatsoever. 6. The Tribunal whiie deductlng 2/3rd of the income of the deceased towards hss personai expenses has taS<en into conslderation the facts that the deceased was an unmarried boy; he wouid have been married in due course; and tE-iereafter hls contribution towards the parents would have been substantially reduced; the dictum of the Apex Court in the of .Do^at & ors. Vs. r3ff?ers, reported In ACJ m 1400. !n our opinion, in the above peculiar facts of the present case, the deduction of 2/3 or the Income of the by the Tribunai towards the persona! expenses of the cannot be found fault wlth. 7. The multipiler of 1 5 by the Tribunal is rather on the hlgher in view of the dlctum of the Apex Court In the of of Vs. reported in 8 SCC -731, wherein it heid that In those 'where the claimants are " subbu the parents of the deceased, the multiplier should never exceed 10. 8. On due consideration of the facts and circumstances of the present case, we are satisfied fhat the compensation of Rs.1,84,500/- awarded by the TrEbunal to the ctaimants is just and proper compensation. 9. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 10. T'ne appeal, therefore, is Jiable to be dismlssed and Is hereby dismissed summariiy. f Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge