IN THE COURT OF CHHATTISGARH ATBILASPUR M. A(C). No >! o }V"'nn R 'u'^sUsj I^ f2008 APPELLANTS GCAIMANTS RESPQNDENTS JON CLADVtANTS ;';^,J ^^ ^ ^' ,<fe •^-' P) Ram Kumar Singh aged about 36 years, S/0 Shri Keshav Smgh,R/0 Manikpur, Korba,District- Korba (C.G.) ^S) Smt. Lata Singh,aged about 44 years,W/0 Beer Singh,R/0 Purani Basti,Korba, District- Korba (C.G.). VERSUS : (1) Rajendra Kumar Singh, S/0 Gajadhar ^/ Singh, aged about 37 years, R/0 Quarter No. C.H/-144, nearR.K. General • V-"K Stores,Manikpur, Korba, District- Korba,(C.G.). (2}^ National Insurance Company Ltd., through Branch Manager, Korba, District- Korba,(C.G.) APPEAL UNDER SECTION 173 OF MOTOR VEHICLEACT IL 1. 2. 2. Ram Kumar Singh aged about 36 years, S/o Shri Keshav Slngh, R/o Manikpur, Korba, District - Korba (C.G.) Smt. Lata Singh, afled al years, W/o Beer Singh, R/o Purani iasti, Korba, Distrlct-Korba (C.G.) Ira Kumar Sing'n, S/o Gajadhar Singh, aged about 37 years, R/o Quarter No. C.H/-144, near R.K. Generai Storss, Manikpur, Korba, District-Korba (C.G.) National Insurance Company Ltd., through : Branch Manager, Korba, jistrict - Korba, (C.G.) A9Deal^ynderSectionl73_Qf_MotoLVehicies_Act Present: Shri Awadh Tripathi, learned counsel for the appellants. i19th Niarch. 200i 'he following order of the Court was passed Shri Awadh Tripathi, leamed counsel for the appellants is on aan \ \ \ ^2. The appellants are seeking enhancement of compensation awarded by the Second Additional IVIotor Accident Clalms Tribunal, (F.T.C.), Korba, (ror short 'the Tribunal') vii av»'arddated 31-12-2007, passed in Claim Case No. 133/2006. 3. The ciaimants, unfortunate, son and dauahter of deeeased Smt. Parmeshwari Singh, claimed compensation Rs.30,70,000/- for her death in t'ne motor accident when on 04-02-2006, the Maruti Van. in which they were traveiling met with an accident due to rash and negtigent driving of its driver ies deceased - resulting in multiple serious inj Smt. Parmeshwari Singh, who succumbed to those injuries durina the course of her treatment in the hospital. The claimants pieaded that deceased - Smt. Parmeshwari Singh, who was aged about 65 years used to eam Rs.60,000/- per month frorn agriculture. 4. The Trlbunal on a close scrutinv of the evidence led before it held that deceased - Smt. Parmeshwari Singh died on account of the injuries sustained 'oy her in the motor accident; the accldent occurred due to the rash and negllgent driving of the driver of the iVlaruti Van; as the yaruti Van was insured on the date of the accident with National Insurance Company Limited, the Insurance Company was liable to pay oompensation to the claimants. 5. The Tribunal assessed the income of the deceased at Rs.18,000/- per annum. By deducting 50% of the income of the deceased towards her personal expenses, the ciaimants' dependency was assessed at Rs.9,000/- per annunrs and by \'.. ./^'^ ~\ 1 i T'""!^ '^..^ y •:^.v^' applying the multlpiier of 5, the compensation was worked out to sv awardina a further sum of Rs.25,000/- under 5/-. other heads, the Tribuna! awarded a total sum of Rs." compensation to the claimants Tor the death of their T - Smt. Parmeshwari Singh in the motor accident. The Tribunal further &warded interest on fhe above amount of compensation of Rs.70,000/- @ 9% per annum from t'ne date of filing of the cJaim petition till the date of actual pavment. 6. S'nri Awadh Tripathi, l.earned counsei for the appellants vehemently argued that the TribunaS has erred in awarding low compensation of Rs.70.000/- onlv to the claimants. 7. Deceased - Smt. Parmeshwari Sinah, was aged about 75 vsars as mentioned in her postmortem report. The Tribunal has been quite libera! in assessing her income even at this o!d age at Rs.18.000/- per annum. Ciaimant No. 1 - Ram Kumar Singh is her major son aged about 36 years having his own income. Claimant No.2 - Smt. Lata Singh, is aged about 44 years and is 'ner married daughter tiving wlth her husband. Thus, it is apparent that none of the two claimants were in any manner dependent on deceased - Smt. Parmeshwari Sinah. 8. The compensation of Rs.70,000/- awardad by the Tribunal when examined in the context of the above-mentioned broad features of the case, we are satisfied, is just and proper compensation In the facts and circumstances of the present case. 9. We, therefore, do not find. anv scope for enhancement the compensation awarded by the Tribunal. •\'. 1 1 "''^""^ j \.\^-^ ~-;'^-..,^-^i' subbu 10. The appeal, therefore, is liable to be dismissed and is dismissed summarilv. Sd/- Chief Justice Sd/- Suni! Kumar Sinha Judse ;\Y \--.