w IN THE BBGH COURT OF JUDICATURE AT BBLASPIIR CHHATTISGARH MISELLANEOUS APPEAL (C) N0. - 2^t OF 20C^-— (MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE8 ACT, 1988) APEELLANTS a^SB- ^AIMANTS s ,.;-"¥^.?'" -AO-'"'^ \¥ "s"'-- ...^ .<i--' .f' .f'' v ^'. ..-•'' i^'^--' RESPONDENTS NON-CLAIMANTS 1. Smt. Bhagbati Markandey, aged about 38 years, W/o Bhagirathi Markandey ^/lihagirathi Markandey, aged about 40 years , S/o Anand Ram Markandey Both R/o- Village - Gadikot, Tehsil Gariyaband, District - Raipur (C.G.) . VERSUS 1., Maheshu Ram Gaikwad S/o Kedamath Gaikwad, R/o- Bharega, Tehsil Abhaapur, District - Raipur (C.G.) 2.^ The Iffco-Tokio General Insurance Company Limited, 3 Floor,Lal Ganga Shopping Comple'x, G.E. Road, Raipur, District- Raipur (C.G.) ^"' MEMORANDUM OF APPEAL UNJDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 r HIGH COURT OF JUDICATURE CHHATnSGARH : BILASPUR DIVISIONBEIWH CORAM : HON'BLE SHRI H.L. DATTU, CJ & HON'BLE SHRI V.K. SHRIVASTAVA, J. APPELLANTS MISC. APPEAL (Cl N0.256 OF 2807 Smt. BhagbaU Markandey and Another Versus RESPONDENTS h4aheshu Ram Gaikwad and Another Present: Shri S. Pandya, counsel for the appellants. None for the respondents. ORALORDER (Passed on 28tn February, 2007) The folkawing oral order of the Court was passed by Vijay Kumar Shrivastava, J. On 24-11-2005 Kamal Narayan (slnce deceased) sitting behind the driver (Hemtal) on a new motorcycte bearing Engine No.(ffi-J-29-E- 12885 and Chassis No.05-J-29-F-07368 (fbr short "the offending vehide") was going to his village Godhikot. Hemlal was driving ttie offending vehicle. As a result of rash and negligent drhflng the offending vehicle collided with a tree resuttandy deceased received injuries and succumbed to those. Appeltanls mother and father of the deceased filed an application under Section 166 ofttie MotorVehictes Act, 1988 (for short "the Act, 1988^ for grant of compensatimi agalnst the owner and insurer of the oftendlng vehicle. Respondent No.1 remained ex parte whereas respondent No2 contested the claim. 13th AcMitlonal Motor Accident Clalms Tribunal (Fast Track Coiut), Raipur (fbr short "the Tribunal') after due enqutry passed the impugned avrard dated 28-9-2006 in claim case No.09/2006 whereby alto^gd a ^ compensation of Rs.4,70,000/- to the ai^ellante. Feeling aggrieved the appellants have fited this appeal under SecUon 173 of the Act, 1988 for enhancement ofthe compensation. 2) Leamed counsel for the appellants contended that the compensation awarded by the Tribunal is notjust and reasonable. 3) We have gone through the award. Undisputedly at ttie time of accident the d^eased was aged 18 years. No documentafy legal evidenre to support his income was adduced, yet Uie Tribunal accepted his income Rs.3,600/- per moth. The Tribunal after reducing 1/3 towards his own e^enses recorded annual dependency Rs.28,800/- and applying Vne multiplier of 15 sssessed the toss of dependency Rs.4,32,000/-. The Tribunal further altovred Rs.15,000/- fewvards tove & affection, Rs.20,0(X)/- towards lossof estate and Rs.3,(XK}/- towards funeral ©epenses. Amount rfowed by the Tribunal not only ©cceedsthe limit pr^cribed under the schedute, tHit also on all eounts has been allowed sympatheUcally on a very higher side. In our opinion, ttie amount awarded by the Tribunal does not caH fw any interference for enhancement of compensaUon by the Hteh Court in Its appetlate jurisdicUon. 4) In theresult, the appeal beir^ devoid <rf substance deserves to be dismissed and is accordingly dismissed. No c<Kte. Sd/- ChiefJustice Sd/- V.K.Shrivastava Judge