0 HSGH COURT OF CHHATTISGARH AT BELASPUR DSVIS60N BENCH Coram HON'BLE SHRi RAJEEV GUPTA,C.J. & HON'BLE SHRI SUNtL KUMAR SINHA, J. APPELLANTS Claimants RESPONDENTS M.A. (Ci No. 59 of2006 1. Smt Mamta Sarkar, Wd/o Sukumar Sarkar, Aged about 26 years. 2. Ku. Supriya D/o Late Sukumar Sarkar aged about 7 years. 3. Ku. Sapna Sarkar D/o Late Sukumar Sarkar aged about 4 years. 4. Smt Anpurna Sarkar, W/o Shyam Lal Sarkar, agedabout 4Q years. 5. Shyam Lal Sarkar, S/o NaSini Kant Sarkaraged about 57 years. 6 Shubham Sarkar S/o Late Sukumar Sarkar, AppelEant Nos. 2, 3 & 6 are represented by legal guardian mother appeilant No.1. A!l resident of Goverdhanpara, in House of Sitaram Patlta Rajim, PS Rajim, Di'stt Raipur (CG) Versus 1. Shahzad Mohammad, S/o Gulkhan Mohammad, aged about 52 yrs. R/o Devendrs Nagar, Parasnagar, Raipur, Distt. Raipur (C.G.) 2. Neelam Chand Chailani, S/o M.C. Chaliani, R/o Nayapara Rajim, P.S. Nawapara, Tah. Nawapara, Distt. Raipur(C.G.) 3. The Oriental insurance Co. Ltd. By Divisionai Manager, Dlvisionai Office No.2 Sal Nagar, Devendra Nagar Raipur, Tah. & Distt. Raipur (C.G.) 4. Smt. Ritu Rajput, W/o Suresh Rajput, R/o Pankhajur Colony, P.S. Pankhajur, Distt. Kanker (C.G.) 5. Smt. Soma Bhattacharya W/o Subir Bhattacharya, R/o Pankhajur Colony, P.S. Pankhajur, Distt. Kanker (C.G.) IV13SCELLANEOUS APPEAL UNDER SECTION 173 OF THE jySOTORVEHICLESACT Present: Shri S.C. Verma, iearned counsei for the appeliants. None for the respondents though served. ORDER (6th IVIay, 2009) The fotlowing order of the Court was passed by Rajeev Gupta, C.J.: Learned counsel for the appeliants is heard on M.C.P. No. 1410/2006, a petttion for Condonation of delay in filing the appeal, 2. ^ On due consideration of the submissions of iearned counsel for the appeliants and the grounds taken in the application, we are satisfied that the appellants have succeeded rn showing suffident cause forthe delay in fjling the appeal. 3. M.C.P. No.1410/2006, therefore, is aliowed and the delay in filing theappeat is hereby condoned. 4. Shri S.C. Verma, iearned counsel for the appellants Is heard on admission.- 5. The appeilants are seeking enhancement of the compensation awarded by the 13th Additional Motor Accident ^ 23 Claims Tribunai, Raipur, (for short 'the Tribunal'), vide award dated 30.01.2006, passed in Claim Case No.08/2004. 6. As against the compensation of Rs.53,00,000/- ctaimed by the claimants, unfortunate widow, minor chiidren and parents of deceased Sukumar Sarkar, for his death in the motor accident on 11.05.2004, theTribuna! awardeda total sum of Rs.4,97,000/- as compensation to the daimants along with interest @ 6% per annum from the date of filing of the claim petition till the date of actuai payment. 7. Shri S.C. Verma, Searned counsel for the appeliants vehemently argued that the Tribunai has erred in awarding low compensation of Rs.4,97,000/- oniy, though appeilant No.1 Smt. Mamta Sarkar, widow of deceased Sukumar Sarkar was aged about 26 years only and her youngest chiid was aged about three months oniy at the time of the accident. 8. The claimants pleaded that deceased Sukumar Sarkar used to earn Rs.15.000/- per month from his Cioth Shop but the evidence led in that behalf was not cogent and reliabie. We, therefore, do not find any infirmity in the assessment of the income of the deceased by the Tribuna! at Rs.3,000/- per month and Rs.36,000/- per annum. The ciaimants' dependency also has been rightty assessed by the Tribuna! at Rs.24,000/- per annum by deductsng the usual 1/3rd of the Income of the deceased towards hls personal expenses. 9. As the highest muitiplier of 18 prescribed in the Second Schedule was seiected by the Tribunal. the daimants cannot have 4 < nimmi any grievance in thatbehalf. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal either on accouht ofthe assessmentof the income ofthe deceased and the daimants' dependency by the Tribunal or the multipiler selected. 10. The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge y-