c ^- ^l. IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BULASPUR (C.G.l M.A. (C) No. ^f^iof 2010 WttlB APPELLANTS /-'I .......<^y'pt^ ,'&.^-",^^'JJ^-':""^ ^^'rt^.--\^u4v ^8< RESPONDENTS >1. Ram Dewangan, S/o Jaitram Dewangan, aged about 43 years, Smt. Sumitra Bai, W/o Ram Dewangan, aged about 39 years, Both R/o Village-Ranitarai, Post- Tatenga, Tahsil-Doundiiohara, District-Durg (C.G.) VERSUS ^ .^ Hemlal, S/o Late Shriram Kaushik, aged about 22 years, R/o Dabripara, Ward No.-42, Nandai, Rajnandgaon, District- Rajnandgaon (C.G.) (Driver) ,2. Smt. Versha Shrivastava, D/o Kamalnarayan Shrivastava, aged about 30 years, W/o hlarsh Shrivastava, R/o Kilapara, Ward No.-33, Rajnandgaon, District- Rajnandgaon (C.G.) 3. The New India Insurance Company Limited, Branch Office at Parakh Bhawan, Station Road, Durg, District-Durg (C.G.) CLAIM BEFORE THE TRIBUNAL AWARD AMOUNT Rs.32,90,000/- Rs.3,03,000/- VALULATION OF THE PRESENT APPEAL: Rs. 2,00, w As the appellants have only challenging the assessment of the income. MISCELLANEOUS APPEAL U/S. 173 OF THE MOTOR VEHICLEACT.1988 wsssus. s-sissssss :^^^^^'^/^^^^^^^.':^.:^- ^•:-/1.- -^^v:" -^: fflGH GOURT OF CHHATTISGARH ATBILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra APPELLANTS M.A. rC) No. 819/2010 : Ram Dewangan and another Versus RESPONDENTS : Hendal and others Appearaace: Shri Goutam Khetrapal, eounsel for the appellants. MISCELLANEOUS APPEAL UNDER SECTION 173 QF THE MOTOR VEHICLES ACT, 19SS ORAL ORDER (12.08.2Q10) Heard on admission. [2) This appeal is by the claimants for enhancement ofthe amount ./ of compensation which has been assessed by the claims tribunal at Rs.3,03,000/-. (3) Deceased, Virendra Kumar aged 21 years was the son ofthe claimants. In an accident took place on 25/01/2009, the deceased sustained fatal injuries and succumbed to death. (4)" The claimants prayed for an amount of Rs. 32,90,000/- as compensation on the ground that the deceased was working as Raj Mistri and used to eam Rs.6000/- per month. The claims tribunal has assessed the income ofthe deceased at Rs.3000/- and after deducting 1/3 towards his personal expenses, the annual dependency has been "assessed at Rs.24,000/-. 1; . .^.^flMgfyf;!.^- •' • • . •-• '^< '% ^rs^^'^ '^ '^^L*^^^^^L^'-^ ',^ ':'fi w'y -z (5) After applying multiplier of 12, the loss of dependeiicy ^ income has been assessed at Rs.2,88,000/-. In addition sum of Rs.5000/- each has been awarded to both the claimants for love and affection aad aaother sum ofRs.5000/- towards funeral expenses has also beeu awarded. (6) On penisal of the impugned order, fhis court is of the opinion that the amount of compensation awarded in favour of the claimants/appellants is just and fair, because the appeUants are the pareats and the deceased was only 21 years ofage. (7) There is no good ground for enhancement in the awarded amount. (8) The appeal fails and is hereby dismissed. Sd/- Prashant Kumar Mishra Judge