\» HiGH COURT OF CHHATTISGARH AT BILASPUR D1VISION BENCH. 'BLE SHRI RAJ 'BLE SHRI CHAN J. Misc. Appeal No. 291 of 2006 1. Smt. Girja Sharma, W/o Late Devnarayan Sharma, Aged about 36 years. 2. Ku. Monika Sharma, D/o Late Deonarayan Sharma, aged about 17 yrs. 3. Yogesh Kumar, D/o Late Deonarayan Sharma, aged about 16 yrs. 4. Askhay, S/o Late Deonarayan Sharma, aged abut 13 yrs, Appellants no. 2,3&4 represented by iegal guardian mother appellant no.1 5. Smt. Shyam Kunwar, W/o Late Mohan Prasad Sharma, aged about 65 yrs., Ail resident of Village Panduka, Thana Rajim, Dist. Raipur Present address Village Dhansuli, Thana & Distt. Mahasamund (C.G.). Non-Appllcants 3 Mohan Slngh Thakur, S/o Laskhman Singh Thakur aged abut 32 yrs. R/o Mandir Hasod, Distt. Raipur (C.G.) Heera Transport Co. Pvt. Ltd. Fafadih, Raipur (C.G.). United India Insurance Co. Ltd. Main Branch Office Kachahari Chowk, Raipur District, Raipur (C.G.). MisceiSaneous Appeal under Section 173 of the Motor Vehicle Present: Shri C.R. Sahu, learned counset for the appellants. (17th Juiy, 2009) The following order of the Court was 1, •^.u'. Shri C.R. Sahu, learned counsel for the appellants is heard on admission. 2) The appellants are seeking enhancement of the compensation awarded by the Second Additional Motor Accidents Claims Tribunal, Mahasamund (for short 'She Tribunal') vide award dated 11.11.2005, passed in C!aim Case No. 149/2005. 3) As against the compensation of Rs.30,50,000/- claimed by the appellants/ claimants, unfortunate widow, minor children and mother of deceased Devnarayan Sharma, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 11 .07.2005, vi/hen his motorcycle was dashed by the offending vehlcle Truck bearing registration NO.CG-04/G-8266, resulting in his instantaneous death on the spot itself, the Tribunal awarded a total sum of Rs.9,09,500/- as compensation along with interest @ 6% per annum from the date of fiiing of the claim petition till the date of actual payment. 4) Shri C.R Sahu, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.9,09,500/-. 5) Deceased Devnarayan Sharma was a Police Head Constable at the relevant time and was getting gross salary of Rs.8,2131- per 'month; whereas his net salary after permissible deductions was Rs.7,263/- per month. The Tribunal, therefore, assessed his income at Rs.7,263/- per month. By deducting 1/3 of the above income of the deceased towards his personal expenses, the claimants' dependency was assessed to Rs.4,842/- per month which was rounded to Rs.5,000/- per month and Rs.60,000/- per annum. 6) As the income of the deceased has been assessed by the Tribunal on the basis of the evidence led by the claimants before the TribunaE, we do not ftnd any infirmity in the assessment of the income of the deceased by the Tribunal. 7) The claimants' dependency has been rightly assessed by the Tribunal by deducting the usual 1/3 of the mcome of the deceased towards his personal expenses. 8) The multlpiier of 1 5 selected by the Tribunal is rather on the higher side considering that deceased Devnarayan Sharma was aged about 42- 43 years, on the date of the accident and in view of the dictum of the Apex Court in the case of Nsw India Assurance Co. Ltd. Vs. Kalpana and others, reported in 2007 ACJ 825, wherein the multiplier of 13 was found to be appropriate for the deceased aged about 33 years in the said case. 9) For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the assessment of the income of the deceased or the claimants' dependency by the Tribunal or the multiplier selected. 10) The appeat, therefore, is iiable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- Rangaath Chandrakar Judge subbu