-\i IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH cc)^ Misc. Appeal No. x-^</ of 2007 s.i^ts APPELLANT/ (V fc[\)t^/ {fW //^ 7^7 ^- ^Smt. Nirmala Minj, W/o Late K.A. Minj @ Bejas Minj, Aged about 40 years, Occupation:- House wife, Permanent R/o Village: Sarhapani, Post: Khutera, P.S. Kansabel, District: Jashpur, present address: Raghunathpur, Police Station/Teh. Ambikapur, District- Sarguja (C.G) VERSUS RESPONDENTS y' 1. Ramesh Agrawal, S/o K.C. Agrawal, Aged about 35 years, Occupation: Owner ofthe Vehicle, R/o: - Sadar Road, Ambikapur, Teh. /Police Station:Ambikapur, District: Sarguja (C.G) (Owner) ? 2. Shri. Iqbal Ahmed, S/o Shri. ^ <f Habib Sheikh, Age : unknown, Occupation: Driver, Through: Ramesh Agrawal, S/o K.C. Police Station/Teh. - Ambikapur, District: Sarguja (C.G) (Driver) 3. The Oriental Insujance Co. Through: Branch Manager, Address: Manendragarh Road, Ambedkar Chowk, Ambikapur, District: Sarguja (C.G) (Insurance Company) MEMORANDUM OF MISCBLLANEOUS APPEAL U/S 173 (2) OF THE MOTOR VEHICLES ACT 1988 ...'f\ HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR DIVISION BENCH CORAM : HON'BLE SHRI H.L. DATTU, CJ & HON'BLE SHRI V.K. SHRIVASTAVA, J. MISC. APPEAL (CVNO. 237 OF2007 APPELLANT Smt.Nirmala Minj Versus RESPONDENTS Ramesh Agrawal & Others Present: Shri Sushil Dubey, counsel for the appellant, None for the respondents. ORA1.0RDER (Passed on 23"' February, 2007) The fpllowing orat order of the Court was passed by Vijay Kumar Shrivastava, J. This is an appeal filed by the appellanVclaimant under Seetion 173 of the Motor Vehicles Act, 1988 (henceforth'the Act, 1S88") for enhancement of compensation against theawarddated 29-11-2006 passed by the Motor Accident Claims Tribunal, Sarguja (Ambikapur) (henceforth "the Tribunal") in Claim Case No.78 of 2005, whereby the appeflant has been awardeda compensation of Rs.1,92,000/-. 2) Facts briefly stated are that on 29-10-2004 deceased Vivek Mipj riding motorcycle bearing registration No.CG-15-7328 wascoming from Sarahapani Post Kutera to Raghunathpur, on the way he met with an accident by truck bearing registration No.CG-15-ZC-0697 (henceforth'the offendingvehicle"), he sustained injuriesand succumbed to those. Mother (appellant) of the deceased filed an application under Section 166 of the Act, 1988 for compensationagainstthe driver, owner and the insurer of the offending vehicle. Respondentscontestedthe^Hm. ''r^mi tm?ft^;RRp!3^;.{ .?^-^E!,,.,s;?^ss^3i^^ ^t^^EmKCTffigE^^te^^S^^^feS^^^ SSMS ?^^^vf;- •T •'a 3) Learned Tribunal holding that deceasecl was a student of class 10th and his age was 16 years. For grant of compensatipn accepted notional income Rs.15,000/- and after reducing 1/3 towards his own expenses, allowed dependency Rs.10.OOO/- per annum, by applying multipiier of 16 alldwed Rs.1,6Q,000/- towards loss 6f incdme. Learned Tribunal also ailowed Rs.15,000/- towards love & affection, Rs.15,000/- towards loss of estateand Rs.2,000/- towards funeral expenses. 4) Learned counsel appeanng for the appellants contended that learned Tnbunal did notawardjustand reasonable compensation. 5) Uhdispufedly the cteceased^^ a student pf clas&'lO'^ thereby recordihg the age as 16 years by the Tribunal does jnot appear to be ! - •1 • • . erroneous. Natyraiiy a boy of 16 yeare, who is studyjng, cannot earn. Therefore, leamed Tribunal in aecordance with Section 163ASchedule II oftheAct, 1988, topk the notional income, applied correct myffiplierof 16 and allowed Rs. 1,60,000/- towards loss of dependency. Though for (oss of estate only Rs.2,500/- was admissible, yet on compassionate ground learned Tribunal granted Rs.15,000/- which is more than the prescribed; tlmit, towards loye and affection allowed Rs.15,000/- and funeral expenses Rs.2,000/-. The compensation assessed and allowed by the Tribunal^ does not suffer from any illegality )OT infirmity^ In the^result> the appeal being devoid of meritliableto be dismissed summarily and is accordingiy ^ismissed ih limine. No costs. Sd/- ChiefJustice Sd/- V.K.Shrivastava Judge pB ^TrESiSg^H3; :f