^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIViSiQN BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RL JHANWAR, J. Misc Appeal (Ct No.879/2009 Appellants (Ciaimante) Respondents Non-appellants 1. Smt Sita Bai Aged about ^ years W/o Ganesh Ram Syrv'avanshi Occupation House wlfe 2. Ganesh Ram Suryavanshi /^ed about 50 years Both are resident of Chandandih Police Station Amanaka, Raipur Tahsil and District Raipur (CG) versus 1. Anand Kumar aged about 23 years S/o Bhsrat Lal R/o Satya Chowk, Kumhari Tah & Dlstrict Durg (CG) 2. Manoi Kumar Pille S/o Vasudeo Pllle R/o In front of Vardhaman Petrd Pump, Laxmi Sweets GS Rcad Kimhari, Tahsil & District Durg (CG) 3. The National Insurance Company Ltd., Through Divisional Manager Divisional Office, Mobin Mahal, GE Roaci, Raipur(CG) Memo of Aopeal under Section 173 ofthe IVIotor Vehicles Act. 1988 Present : Shri AS Iqbal, counsel for the appellants. ORDER (6th July, 2009) The foltowlng order of the Court was passed by Rajeev Gupta, C.J. Shri AS Iqbat, learned counsel for the appellants is teard on IA No.1/2009, a petition for condonation of delay in flling the appeat. 2) On due consideration we are satisfied that the appellants have succeeded In showing sufflclent cause for the delay in filing the appeal. 3) IA No. 1/2009, therefore, is allowed and the delay hi filing the appeal is hereby condoned. 4) Shri AS Iqbal, iearned counsel for the appellants Is heard on admission. 5) The appellants, unfortunate parents of deceasMl Kutdeep Singh are seeking enhancement of the compensation awarded by the 8th Additional Motor Accident Claims Tribunal, Raipur (for short, "the Tribunal") videaward dated 27.09.2008 passed in Claim Case No.1/2008. 6) As against the compensation of Rs.18,50,000/- claimed by the appellants/claimants by filing a clalm petition for the death of their son Kuldeep Singh In the motor accident on 13.11.2004, the Tribunal awarded a total sum of Rs.2,17,000/- as compensation along with interest @ 7.5% per annum from the date of the filing of the claim petition, tlll the date ofactual payment. 7) Shri AS Iqbal, learned counsel for the appellants vehemently argued that the Tribunal has erred in selecting lower multiplfer of 10 and In awarding low compensation of Rs.2,17,000/- only. 8) The claimants themselves pleaded that their son Kuideep Singh used to get salary of Rs.3,200/- per month as Constable in the Border Security Force. The Tribunal, accepting the claimante' pleadlng and evidence about the income of the deceased, assessed hjs income at Rs.3,200/- per month and Rs.38,400/- per '°-•<„ .••y^..^^ ^. /y^^' ^ ^'y -"? annum. Thus, the claimants cannot have any grievance about the assessment ofthe income ofthe deceased by the Tribunal. 9) The Tribunal has deducted 50% of the income of the deceased towards his personal expenses, consldering that the deceased was un-married on the date of the accidait and after his marriage his contdbution to the parents would have been substantially reduced and following the dlctum of the Division Bench in the case of Bablu Sheikh & another Vs Siteram Marar & others reported in 2008 (2) CGU 285 (DB). On due consideratlon, we do not flnd any Inflrmity In the deduction of 50% of the income of the deceased by the Tribunal towards his personal expenses. 10) The multipller of 10 selected by the Tribunal also cannot be found fault with in vtew of the fact that the claimants are parerrts of the deceased and in view of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombav Vs Laxman Iver and another reported in (20031 8 SCC 731, wherein it was hetd that in those cases where the clalmants are parents of the deceased, the multiplier should never exceed 10. 11) For the foregoing reasons, we do not flnd any scope for enhancement of the compensation either on aecount of the assessment of the income of the deceased or the claimants' dependency by the Tribunal, or the multlptier selected. 12) The appeal, therefore, is liable to be dlsmlssed and Is hereby dismissed summarily. Sd/- • - Chief Justice Sd/- R.E. Jhanwar Judge u—