s*. X '%sasi> s tSI %.. ^^^/.^ IC! 2 3 Smt Geeta Yadav, wife of late Shiv Kumar Yadav, aged about 35 years Ram Krishna Yadav, son of late Shiv Kumar Yadav, aged about 5 years ihyama, daughter of late Shiv Kumar Yadav, aged about 2 years Applicant No.2 and 3 minor through naSuraS guardian mother applicant No.1 Ail residents of Katulboard, Ward No.57, Post and Police Station Mohan Nagar, Durg, District Durg, Chhattisgarh Smt Manpreet Kaur Gujjar, wife of Ajaish Singh Gujjar, through Manager Himmat Roadways, Tatibandh, G! Road, Raipur Chhattisaarh Nationai Insurance Company Limlted, through Divisional Manager, Akash Ganga Complex, Supela, Bhilai, District Durg, Chhattisgarh 3 Smt Kamia Devi, wife of Late Shri Shripati Yadav, aged about 70 years, resident of Pipra, Post Aakhar, District Shri Om P Sahu,counsel forthe appeilants. Shri BN Nande, counsel for respondent No.2. la! .y MACNo. 818 of 2010 •th \... This is elaimants' sppeal for enhancement of the compensation awarded by the 12 . Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 24.04.2010, passed in Claim Case No. 153/2009. 2) As against the compensation of Rs.15,17,000/-, claimed by the appellants/claimants, unfortunate widow and minor children of deceased Shiv Kumar Yadav by filing a claim petition under Section 163-A of the IVIotor Vehicles Act, for his death in the motor ;ident on 04.08.2007, the Tribunal awarded a total sum of Rs.3,91,000/- as compensation along with interest @ 6% per annum from the date of fsling of the claim petition till the date of actual payment. 3) The Tribunal on a c!ose scrutiny of the entire evidence led before it held that deceased Shiv Kumar Yada'/ died on account of the injuries sustained by him in the motor accident on 04.08.2007 involving the Truck bearing registration No.CG-04-E/6294; as the above Truck on the date of the accident was insured with the Nationa! insurance Company Limited, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimants. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 3 ^7 MACNo.818of2010 5) The Tribunal assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3 of Rs.36,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000.'- per annum. By muitiplying the annual dependency of Rs.24,000,/- with the multiplier of 16, the compensation was worked out to Rs.3,84,000/-. By awarding further sum of Rs.7,000/- under other heads, the Tribunal awarded a total sum of Rs.3,91,000/-, as compensation to the claimants for the death of deceased Shiv Kumar Yadav in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,91,000/- @ 6% per annum from the date of filing of the ctaim petition till the date of actual payment. 6) Shri Om P Sahu, learned counsel for the vehemently argued that the Tribunal has erred in assessing the income of the deceased at Rs.3,000/- per month only; in selectine Itiplier of 16; and in awarding low Rs.3,91,000/- only. 7) Shri BN Nande, learned counsel for National Insurance Company Limited, the insurer involved in the accident on the other hand SUE 3.2, the of the Truck the award contended that the compensation of Rs.3,91,000/- awarded by he Tribunal cannot be termed as inadequate so as to warrant in this a 8) True, the claimants pleaded that deceased Shiv Kumar Yadav used to earn Rs.6,500/- per month as Truck Driver, the 4 MACNo. 818 of 2010 evidence adduced by the clalmants before the Tribunal was to the effect that the deceased was getting salary of Rs.2,500/- per month and daily allowance of Rs.90/- per day on his going ouf of the city on duty. In this state of evidence, we do not find any infirmity in the assessment of the income of the deceased by the Tribunai at Rs.3,000/- per month and Rs.36,000/- per annum. 9) . The claimants' dependency also has been rightly assessed by the Tribunal by deducting the usual 1/3rd of Rs.36,000/- towards the personai expenses ofthe deceased. 10) The multiplier of 16 selected by the Tribunal also cannot b said to be on the lower side as the Second Schedule under Section 163-A of the Motor Vehicles Act prescribes muitiplier of 16 for the age group between 35-40 years. 11) 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 Tribunat or the multiplier selected. 12) The appeal fited by the appellants / claimants for erihancement of the compensation, therefore, is liable to be dismissed and is hereby dismis 13) No order as to costs. Sd/- Chief Justice .oadma Sd/- R.N. Chandrakar Judge