"1 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHR! N.K. AGARWAL, J. Appellants Claimants Respondents M.A. (C) No.31/2008 1 Smt Keshar Bai, W/o Trilokinath Soni, aged about 37 years 2 Trilokinath Soni, aged about 44 years 3 Vijay Kumar, aged about 17 years 4 „Mukesh Soni, aged about 16 years Both No.3 & 4 son of Trilokinath Soni, Guradian of appellant No.3 and 4 All residents of Jabadapara, Street No.2, Sarkanda, Tahsi! and District Bilaspur (CG) VERSUS 1 Mohd Sabir, S/o Mohd Ahmad Aged about 40 years, R/o Village - Shivan Chhapara, PS Marora, at present R/o Parsada, PS Chakarbhata, District Bilaspur (CG) 2 Bukhari Associates, Link Road, Bilaspur (CG) through Pappu Road Lines Tatibandh, Raipur (CG) 3 Branch Manager, ICICI Lombard GIC Limited, Branch Raipur, through Opp Shrikant Marg Road, Bilaspur (CG) Mlscellaneojis aB&eal_ynder Section 173 of the Motor Vehicles Acf Present : Shri Gautam Kshetrapal, counsei for the appellants. Shri Amrito Das, counsel for respondent No.3. '•\ ;'KL;.'-W;\-S-. It ORDER (02nd May, 2011) The foltowing order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeat for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Bitaspur (for short the Tribunal') vide award dated 21.09.2007, passed in Claim Case No.129/2007. 2) As against the compensation of Rs.20,65,000/- claimed by the appeltants/ciaimants, unfortunate parents and younger brothers of deceased Hemant @ Goiu by filing a claim petition under Section 163-A of the Motor Vehicles Act, for his death in the motor accident on 07.01.2007; the Tribunal awarded a total sum of Rs.1,84,500/- as compensation aiong with interest @ 7% per annum from the date of the filing ofthe claim petition till the date of actual payment. 3) Shri Gautam Kshetrapai, learned counsei for the appellants vehementty argued Shat the Tribunal has erred in awarding low compensation of Rs.1,84,500/- only. 4) Shri Amrito Das, iearnedcounsei for respondent No.3 iCICI Lombard Genera! Insurance Company Limited, insurer of the offending vehicle Trailor on the other hand supported the award and contended that the compensation of Rs.1,84,5007- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. ."\ l' ;\ ^'c^ % .'a. S^'( '^iftl'2^1- 5 :t' s' w ^'"y ^^ ^^'' ^^fy-1^^ it^^tasawsswstsssfs 5) The claimants pleaded that their son Hemant @ Golu aged about 19 years used to earn Rs.3,300/- per month and the Tribunal assessed his income at Rs.3,000/- per month. 6) On due consideration, we do not find any infirmity in the assessment of the income of the deceased by the Tribunal at Rs.3,000/- per month as the deceased was aged about 19 years only. 7) The deduction of 2/3 of the income of the deceased by the Tribunal towards the personal expenses of the deceased also cannot be found fault with in view of the dictum of the Apex Court in the case of Donat Louis Machado and others Vs L Ravindra and others reported in (1998) 8 SCC 633. 8) The multiplier of 15 selected by the Tribunal is certainly on the higher side considerjng that the claimants are parents and younger brothers of deceased and in view of the dictum of the Apex Court in the case of IVIunicipal Corporation of Greater Bombay Vs Laxman lyer and another, reported in (2003) 8 SCC-731, wherein it was held that in those cases where the claimants are parents of the deceased, the multiplier should never exceed 10. 9) For the foregoing reasons, we do not find any scope for enhancement of the compensation either on account of the assessment of the income of the deceased or the claimants' dependency by the Tribunal or the multiplier selected. k 1 ^^"^^^ 4 padma 10) The appeal filed by the appellants/ciaimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 11) No order as to costs. -Sd7- ChiefJustice Sd/- M.K. Agrawai Judge \