.^^- y ^ Qm. IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.) m-r^^ M.A. (G) No. ^g^? /2eee— APPELLANT CLAIMENT RESPONDENTS: NON-APPLICANTS Niranjan Talukdar, S/o Narendra Chandra Talukdar, Aged about 26 yrs., R/o Mana Camp, Raipur, Tah. & Distt. Raipur (C.G.) VERSUS Manimohan Das, S/o Bharati Chandra Das, Aged about 35 years, R/o No. 1 Porbel, Orrisa Sardar Manjit Singh, R/o Farasgaon, Distt. Bastar (M.P.) The United India Insurance Co. Ltd, Branch Office Jagdalpur, Distt. Bastar, Through Divisional Manager, Divisional Office, Kachahari Chowk, Jail Road, Raipur (M.P.) (C.G.) Miscellaneous Appeal under Sectiorfl73 ofthe.Motor Vehicle Act, 1994 .2. 3, ^ t1 F- ii i^^a.sc^xpii. HIGH COURT OF CHHATTISGARH AT BILASPUR Appellant/ Claimant Respondents/ Non-applicants M. A. (C) No. 28 OF 2007 Niranjan Talukdar Versus Manimohan Das & Others APPEAL UNDER SECTION 173 OF THE MQTOR VEHiCLES ACT, (SB: Hon'ble Mr. N.K. Aaarwal. J.l Present Shri Aditya Khare, Advocate for appellant. Shri Dashrath Gupta, Advocate for respondent No. 3. ORALORDER (Passed on 21st day of January, 2010) This is claimants appeal for enhancement of compensation against the award dated 06.03.2006, passed by the Vllith Additional Motor Accident Claims Tribunal, Raipur (for short Tribunal') in claim case No. 58/04, whereby and whereunder an amount of Rs. 4,67,000 /- has been awarded in favoyr of the claimant and as against the respondent No. 3/lnsurance Company alongwith interest @ 9 percent per annum from the date of application till its recovery. The brief facts of the case are that, on 03.11.1997, while the appellant was going from Raigarha (Orissa) to Turudi (Orissa) by sitting in Tempo Tracks bearing registration No. MP-25-8477, the said vehicle turned turtte as a result of which the appellant sustained grievous injuries in the said accident. The appellant, by filing a claim petition under Section 166ofthe Motor Vehicles Act (for short 'MV Act') against the respondents, ^ F 8. claimed Rs. 3,00,000/- as compensation for the injuries sustained by the appellant in the said accident. The Tribunal, on a close scrutiny of evidence led by the parties and the material available on record, held that the appellant is permanently disabled to the extent of 75 percent, suffered loss of earning capacity as 100 percent; assessed the income of the appellant at the time of accident at Rs. 2000/- per month and Rs. 24,000/- per annum; looking to the age of appellant i.e. 34 years at the time of accident, applied multiplier of 17, and thus awarded a sum of Rs. 4,08,000/- on account of loss of income. The Tribunal further awarded a sum of Rs.'59,000/- on other Heads, and thus awarded a total sum of Rs. 4,67,000/- alongwith iRterest @ 9 percent per annum from the date of application till its recovery. Shri Khare, learned counsel appearing for the appellant would submit that the amount awarded by the Tribunal is shockingly on lower side which deserves to be enhanced. Per contra, Shri Gupta, learned counsel appearing for the respondent/lnsurance Company would submit that as against Rs. 3,00,000/- claimed by the claimant, the Tribunal has awarded a sum of Rs. 4,67,000/- which is in fact more than the amount claimed, and therefore, it cannot be said thatawarded amount is on lower side and the appeal deserves to be dismissed. 1 have heard the counsel appearing for the parties and perused the order impugned. The Tribunal has awarded a sum of Rs. 4,67,000/- against the amount of Rs. 3,00,000/- which has been claimed by the appellant in the case without assigning any reason; assessed the income of n ^ 9. appellant rightly based on evidence adduced; applied the multiplier in accordance with llnd Schedule to Section 163-A of MV Act, and thus awarded a sum of Rs. 4,67,000/- which in the considered opinion of this court, cannot be said to be on lower side. In the result, the appeal being devoid of substance, is liable to be and is hereby dismissed at admission stage. No order asto costs. Sahu Sd/- N.K. Agarwal Judge