@ Single Beneh IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR CC.G.) MISC. APPEAL CC) N0. 45^0F2011' -^? APPELLANTS <^ ,--"•"' •^^ RESPONDENTS VERSUS 1. Kumari Dehu1;i Dewangan, D/o Late Sukaluram, aged about 40 years, ^^27 Moran'i Dewangan, S/o Late Sukalu Dewangan, aged about 33 years, Both are Resident of Village Semra, Post Semra, Tahsil Nagri, District Dhamtari (G.G.) Sanjay Kumar Soni, S/o Lalaram Soni, aged about 25 years, R/o Village Semra, Police Station Sihawa, Tahsil Nagri, District Dhamtari (C.G.) 2. Hriday, S/o Sahdevra^ged about not known, R/o Village and Post Semra, Tahsil Nagri, District Dhamtari (C.G.) 3. Insurance Company, Branch ^ Manager, Jagdalpur, The Oriental Insurance Company Limited, Through : Branch Office the Oriental Insurance Company Ltd., Balak Chowk, Dhamtari, District Dhamtari (C.G.) Rs. 12,25,000/- \^^^^- 1 Claimed before Tribunal Amount awarded by the learned Tribunal Rs. Claimed in this Memo ofAppeal ^ . .: Rs. , ^ ^^^'^"7^'^'^-^ ^ c£Q:—~^^~ln.^^T% Z/'Z^^^' //c^e .-^ ^^^- ^ ^^ft^JL^ /<- cw ' MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT, 1988 \ HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. fQNo. 438 of2011 APPELIANTS : Kumari Dehuti Dewangan & another VERSUS RESPONDENTS : Sanjay Kumar Soni & others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT SB: Hon'ble Shri Justice N. K. Asarwal. Present : Shri PP Sahu, Advocate for the appellants. ORALORDER (Passedon 15.04.2011) 1. Heard on admission. 2. The instant appeal is direeted against the award dated 16.12.2010, passed by the Additional Motor Accident Claims Tribunal, Dhamtari (for sbort 'the Tribunal') in claim case No. 55/10, whereby an amount ofRs. 1,27,000/- has been awarded as compensation in favour ofthe claimants along with interest @ 6 percent per annum from the date ofapplication till its payment. 3. Brieffacts ofthe case accordmg to the appellants are that, on 20.05.2005, Sukalu Ram (since deeeased) was traveling in Maruti Van bearing registration No. COW04-ZP"3256 and was commg from Raipur to his village Semra. Maroti Van met with an aceident with Truck bearing registration No. CG-07-ZC-3630 which was standing on the road, as a result ofwhich Sukalu Ram succumbed to fhe injuries sustained in the said accident. ^^^\ :..;Jj ^-s @ 4. As against Rs. 12,25,000/- claimed by the claimants, the Tribunal, awarded total sum ofRs.,1,27,000/- as compensation in favour of the claimants along with interest @ 6 percent per annum from the date ofapplication till its payment. 5. The Tribunal assessed the income ofthe deceased at Rs. 3000/- per month i.e. Rs. 36,000/- per annum; deducted 1/3 of it (i.e. Rs. 12,000/-) towards personal expenses ofthe deceased; looking to the age ofthe deceased as 60 years at the time of accidenl, applied multiplier of 5, assessed the amount of compensation at Rs. 1,20,000/- towards loss of depeadency (24,000/- X 5 = 1,20,000/-) and farther awarded Rs. 2,000/- for fimeral expenses and Rs. 5000/- to the claimants for loss oflove and afifeetion, and thus awarded total sum of Rs. 1,27,000/- in fevow of the claimants. Shri Sahu, learaed counsel appearing for the appellants would submit amount is shockingly on lower side, and therefore, the amount ofcompensation needs enhancem^it. I have heard the couasel appearing for the appellants and perused the order impugned. Undisputedly, claimants were not dependent upon the deceased. Considering the above fact, the Tribunal has assessed and awarded the amount of compensation in favour ofthe claimants by applying multiplier method which is just and proper and there 8. ...^-'T* ^^ Sahu ^ is no scope of enhancement in the award passed by the leamed Tribunal. 9. In the light ofabove discussion, the appeal has no force, the same is liable to be and is hereby dismissed summarily. Sd/- N.K. Agarwal Judge f' ^---