\p HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH APPELLANTS CLAIMANTS CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI SUNIL KUMAR SINHA, J. M.A.(ClNo.1295of2008 1. Smt. Dulari Bai, Age-32 years, Widow of Late Mannulal Sahu, 2. Shankar Lal Sahu, Age-16 Years (Minor) S/o Late Mannulal Sahu, 3. Ku. Savitri Sahu, Age-14 Years (Minor) D/o Late Mannulal Sahu, 4. Lalu Ram Sahu, Age-50 years, S/o Late Mayaram Sahu, 5. Smt. Sohaga Bai, Age-45 years, W/o Lalu Ram Sahu, (Appellant No.02 & 03 are minor son & daughter of the deceased & are represented by appellant no.OI/Mother oftheappellant) By Caste - Teli, All the above are R/o Village - Kanekera, P.S. & Tahsil Mahasamund, Distt. Mahasamund (C.G.) RESPONDENTS (Non-applicantsl Versus 1. Manthir S/o Mohan, Age - 48 Years, R/o Village - Kosrangi. P.S. Mahasamund, Tahsil & Distt. Mahasamund (C.G.) [Driver of Truck No.C.G. 06/ZC/0108] 2. Kishore Chopda, Age 48 years, S/o Nemichand Chopda, R/o Gancttij Chowk, P.S. Mahasamund, TahsU & Distt. Mahasamund (C.G.) [Driver of Truck No. C.G. O^ZC/0108] 3. The Oriental Insurance Com. Ltd. Through Branch Manager, Divisional Office, Madina Building, Jail Road, Raipur, Distt. Raipur (C.G.) [Ins. Com. of Truck No. C.G. 06/ZC/0108] .^s'5^. ^^^^ ~% ^ ff :&^--:».. i 1 'v:SSiQh § ^ -.^-.^.-.^^ ^ ^,. "%-^/^ ^^K^ "•--•^<ss.&--' ^ Memo of Misc. Appeal Under Section 173 ofthe Motor Vehicles Act Present: Shri JA Lohani, learned counsel for the appellants. ORDER (26th September, 2008) The following order of the Court was passed by Rajeev Gupta, CJ. Leamed counsel for the appellants is heard on the applicatjon for condonation of delay in filing the appeal. 2) On due consideration, the application is allowed anct the delay in filing the appeal is hereby condoned. 3) Shri JA Lohani, leamed counsel for the appellants is heard on admission. 4) The appellants are seeking enhancement of the compensation awarded by the Principal Motor Accident Claims Tribunal, Mahasamund vide awarddated 07.12.2007 passed in Claim Case No.48/2007. 5) As against the compensation of Rs.27,00,000/- claimed by the claimants, unfortunate widow, minor children and parents of deceased Mannulal Sahu by filing a claim petition under Section 166 of the Motor Vehides Act, 1988, for his death in the motor accident on 09.02.2007, the Tribunal awarded a total sum of Rs.4,36,(X)0/- as compensation along with interest @ 6% per annum from the date of the filjng of the claira petition till the date of actual payment. .--?'^^^^" "r-^&^. '"'^. t 1 6) Leamed counsel for the appellants vehemently argued that the Tribunal has erred in selecting the lower multtplier of 12 and in awarding low compensation of Rs.4,36,000/- only. 7) Deceased Mannulal Sahu was shown to be 36 years of age in the postmortem report (Ex.P/6). The muttiplier of 12, selected by the Tribunal cannot be found fauft with, in view ofthe dictum of the Apex Court in the case of New India Assurance Co. Ltd Vs Kalpana and others, reported in 2007 AC*1 82S, wherein the multiptier of 13 was found appropriate for the deceased aged about 33 years. 8) On due consideration of the submissions of learned counsel for the appellants, we are satisfied that the compensatjon of Rs.4,36,000/-, awarcled by the Tribunal is just and proper compensation in the facts arei circumstances of the present case. 9) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 10) The appeat filed by the claimants for enhancement of the compensation, therefore, Ss liable to be dismissed and is hereby dismissed summarily^_ Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge padma