IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR M.A.(C.)No...A?>....../2011 APPELLANTS /C'LAIMANTS Manthir Lal Kaushik S/o Late Shri Bhokai Ram Kaushik, Aged about 58 years, ^- ^'^' ^y^' ,<w .. ^**' <?"'" ^ o',^ Smt. Shakuntala Kaushik W/o Manthir Lal Kaushik, Aged about 53 years, Both resident of Village 8s Post Kapsada, P.S Kumhari, Tahsil Dhamdha, District Durg (C.G.) VERSUS RESPONDENTS : \ 1) Nilkamal Sahu S/o Ganga Rara Sahu, aged about 22 years, R/o Village & Post Patharia P.S. Nandini, District Durg (C.G.) (Driver of alleged Vehicle Truck Dumper No. C.G.07-ZC/880) 2) Daya Shanker Agrawal S/o Late Krishna Gopal Agrawal, R/o Plot No. 37/3, Nehru Nagar Bhilai, Tahsil 8s District Durg (C.G.) (Owner of alleged Vehicle Truck Dumper No. C.G.07-ZC/880) 3) The Oriental Insurance Company Limited, Through Divisional Manager, Malviya ^.-. f Nagar Durg, Tahsil 85 District Durg (C.G.) (Owner of aUeged Vehicle Truck Dumper No. C.G.07-ZC/880) MEMO OF APPEAL UNDER SECTION.173 OF MOTOR VEHICLE ACT 1988.FOR ENHANCEMENT y r\" (S HIGH COURT OF dIHATTISGARH AT MIULSPUR MAC No.22of2011 APPELLANTS CLAEVIANTS RESPONDENTS Manthir Lal Kaushik & Another VERSUS Nilkamal Sahu & Others APPEAL TJNDER SECTION 173 OF THE MOTOR V-EHICLE ACT fSB: Hon'ble Mr. N.K. Agarwal, J.) ^ Present : Shri CK Sahu, Advocate for the appellants, ORAL QRDER (Passedon 10.01.2011) 1. Heard on admission. 2. This is claimant's appeal seeking enhancement of compensation in the award dated 20.09.2010, passed by the XIth Additional Motor Accident Claims Tribunal (F.T.C.) Durg (for short 'the Tribunal) in Claim Case No.50/2009, awarding Rs. 1, 65,000/- as compensation for the death ofdaughter aged about 22 years. 3. Brief facts ofthe case as per appellants are that, on 05.05,2009, Ku. Manju (since deceased) while going towards Bhilai along with her brother to attend marriage ceremony by motoreycle (Bullet) bearing registration No. CG-04-ZJ-7400, was dashed by the driver of Dumper bearing registration No. CG-07-ZC-0880, as a result ofwhich she succumbed to the injures sustained in the said aecident. 4. The claimants filed a claim petition claiming Rs. 4,56,0007- for the death of deceased in the said accident, against the Driver/owner and insurance company. \^ Sahu 5. The Tribunal, on a close scrutiny of the evidence led by the parties, the material available on the record, and submissions of the parties, in the absence ofanv pleading regarding income of the deceased, assessed the income at Rs. 30,0007- per annum and after deducting 50 pereent of it towards her personal expenses, assessed Rs. 15000/- per annum as loss of annual dependency and after applying multiplier of 10 awarded Rs. l,50,000/-as compensation on account ofloss of dependency. The Tribunal farther awarded Rs. 5000/1- towards faneral expenses & loss of estate and Rs. 5000/- each for love and affection to the appellants and thus awarded total sum of Rs. 1,65,000/- along with interest @ 6 percent per aimum from the date of application till its payment. 6. Shri Sahu, counsel for the appellants would submit that the rate ofinterest as awarded by the Tribunal is shockingly on lower side which deserves to be suitably enhanced. 7. I have heard the counsel appearing for the appellants and perused the award impugned. 8. Rate of interest i.e. 6 percent per annum as awarded by the Tribunal is just and reasonable looking to the present rate of interest by which the nationalized Bank are paying interest on deposit. 9. No other points have been raised. 10. In view of above, I do not find and merit in the submission made by Shri Sahu. The award amount ofRs. 1,65,000/- passed by the Tribunal isjust and reasonable. 11. The appeal, being devoid of substance is liable to be and is I. No order asto costs. —— Sd/- N.K. Agarwal Judge 1