^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLESHRIRAJEEVGUPTA,CJ. HON'BLE SHRI N.K.AGARWAL, J. Appellants Claimants Misc. Appeal (Ct No. 771 of2007 1 Smt. Jasbir Kaw Aged about 48 years W/o Late Sardar Dilip Singh 2 3 Respondents 1 (Non-applicants) Gurmeet Singh Aged about 23 years, W/o LateSardar Dilip Singh Manpreet Singh Aged about 21 years W/o Late Sardar Dilip Singh •I (All above R/o Near jDena Bank, Nandini Road, Behind Rajasthan Bhojnalaya, next to Mazdoor Sabha Bhavan, Power House Bhilai District Durg(CG) VERSUS Dharmaraj Singh S/o RamdevSingh, R/o Indira Nagar, Near Rajendra Chowk, Supela, Bhilai District Durg (Driver of offendmg vehicle (truck) registration No. CG 04/G/0654) Brijmohan Singh S/o Ramratan Singh, R/o Besides Dave Petrol Sadar Bazar, Durg (CG), B, Street No.3 Sector No.2, Bhilai District Durg (Ownerot.offending vehide (truck) registrationNo. CG 04/G/0654) Regional . Manager, United India Insurance Company Krishna Complex, Opposite Civil Court (tochari) Road, Raipur (Insurance Company of offending Vehicle (Tmck) Registration No. CG 04«3/0654) ^ 7> w i: u^ Appeal underSection173 ofthe MotorVehicles Act. Present: Shri Anurag Jha, counsel for the appellants. ORDER ith (11tnSeptember,2009) The foltowihg order of the Court was passed by Rajeev Gupta, C.J. Shri Anurag Jha, tearned counsel for the appellants is heard on admission. 2) The appellants are seeking enhancement of the ! • • ! compensation awarded by the 10 Additionat Motor Accidents Claims Tribunal, Durg (for short the Tribunal') vide award dated 08.09.2006, passed inClaim Case No.206/2005. 3) Asagainst the compensation of Rs.92,50,000/- claimed by the appellants/claimants, unfortunate mother and younger brothers of deceased Gurmej Singh, by fiting a claim petition under Section 166 ofthe Motor Vehicles Act,for his death in the motor accident on 16.07.2003, the Tribunal awarded a total sum of Rs.4,93,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri Anurag Jha, learned counsel for the appetlants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.4,93,000/- only. 5) The claimants pleaded that deceased Gurmej Singh used to earn Rs.1,500/- per day Trom Transport Agency. 6) As the claimants could not establlsh the income of the deceased tothe extent of Rs.1,500/- per day as pleaded bythem, 1 fc-/ the Tribunal assessed his income at Rs.4,500/- per month and Rs.54,000/- per annum. 7) Considering the evidence led by the claimants about the income of the deceased before the Tribunal, we do not find any infirmity in the assessment of the income of the deceased by the Tribunal at Rs.4,500/- per month and Rs.54,000/- per annum. 8) The Tribunat has been quite Itberal in deducting onty 1/3rd of Rs.54,000/- towards the personal expenses of the deceased though the deduction in that behalf could have been to the extent of 50% of the income of the deceased as the deceased on the date of the accident was unmarried and after his marriage his contribution to the mother and brothers would have been reduced substantially. 9) The multiplier of 1 3 selected by the Tribunal is rather on the higher side in view of the dictum of the Apex Court in the case of Munlcipal Corporaffon of Greater Bombay Vs. Laxman lyer and anoffier, reported in (2003) 8 SCC-731 and considering the fact that claimant No.lSmt. Jasbir Kaur was aged about 48 years and the deceased is survived by his two younger brothers Gurmeet Singh and Manpreet Singh, who were aged about 23 years and 21 years. 10) 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. .1 . •:?S'^'.i'::SS-!!es:!s!Ss 'SSS^:@w^f KS!:;SS-SW;S^ • '-:i??nM Y:ASS 11) The appeal ffled by the appellants/ claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dlsmissed summarily.,—- <^, Sd/- ChiefJustice Sd/- N.K.Agarwal Judge subbu IM! ilJlii lliiE!3 ffilll l!ilj'<!;;i 'l!H!!li 11811 JB^'i1