H16H COURT OF CHHATTISGARH AT BIU^iPUR Sinale Bench : Hon'ble Shri Dilip Raosaheb Deshmukh. J. -^ Ajipellants Respondents Miscellaneous Appeal (C.) No.332 of 2008 1. Niraso, W/o Harakhlal, agedatooutSO years, 2. Kailash, S/o Harakhlal, aged about 38 years, 3. Bholaram, S/o Harakhlal, aged about 34 years, 4. Sima, D/o Harakhlal, aged about 27 years, Ail are resident of Vitlage Bhaiyattian, Tahsil Surajpur, District Surguja (C.G.) versus 1. Indar Prasad, S/o Devnarayan Sao, aged about 60 years, occupation Business and Agriculture, R/o Village, P.S.- Jhitmili, Tahsil Surajpur, Distrirt Surguja (C.G.) (Owner) 2. Ashwani Kumar Shanna, S/o Sudhakar Prasad Sharma, aged about 45 years, occupation Drwer, R/o Village Sewaripara, P.S. Jhilmili, Tahsil - Surajpur, Disfrict Surguja (Driver) X Appeal underSection 173oftheMotorVehictesAct. 1988 Present: Shri O. P. Yadav, counsel for the appeHants. ORAL ORDER (Passed on this 28th day of March, 2008) Heard on I.A.No.1, an application for taking document on record. Considered and allowed. Document is taken on record. (2) Heard on admission. (3) The appellants are aggrieved by an award dated 17-10-2CX)7 pass6d by the 2nd Addjtional Motor Accidents Claims Tribunal, F.T.C., •*v 2_ ^^ Surguja (henceforth "the Tribunal") in Motor Accidents Claim Case No.19/2005 whereby compensation of Rs.5,000/- was awarded in a death case. (4) It is not disputed that no medical evidence was adduced by 8ie claimants to prove the factum of any grievous injury sustrined by ttie deceased-Harakhlal in the accident. The Tribunal has recorded a finding that the deceased-Harakhlal had sustained simple injury and awarded compensation of Rs.5,000/-. The impugned award, ttierefore, calts for no interference. (5) In the result, thls appeal being devoid of wiy merit is dismissed at SflT-; .^ the stage of admission. Ra< Judge Tumane •<.