M.A. No. 1 19/2004 @ D.B.; HON’BLE SHRI JUSTICE SUNIL KUMAR SINHA 8a ° ‘ HON’BLE SHRI JUSTICE T.P. SHARMA Smt. Shashi Devi Sahu, W/ o Late Bhagwan Prasad Sahu, Age 39 years Rajesh Kumar, S/o Late Bhagwan Prasad Sahu, Age 18 years Yogesh Kumar, S/o Late Bhagwan Prasad Sahu, Age 14 years Through mother and natural guardian Shashi Devi Sahu Ahilya Bai, W/o Late Rewaram Sahu, Age 55 years A11 are R/o Vill. Jawalpur, Thana and Tahsil Janjgir, District Janjgir—Charnpa (C.G.) APPELLANTS l NON-APPLICANTS Versus Ramprasad Sahu, v S/o Sapuran Lal Sahu, Age 28 years, R/o Village — Navagaon, Thana Seepat Udayram, S/ o Shivprasad Bhinjhwar, Age 55 years, R/ o Village Navapara, Thana Seepat The Oriental Insurance C0. Ltd. Branch Bilaspur District Bilaspur (C.G.) Appearance : Shri P.K. Patel, Counsel for the appellants. ORAL ORDER (02.02.2009) of the order SUNIL KUMAR SINHA, J. Heard on admission’ The following Court was passed by HIGH COURT OF CHHATTISGARH AT BILASPUR APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT 2 M.A. No.119/2004 @ The appellants/claimants have tiled this appeal for enhancement under Section 173 of the Motor Vehicles Act against the award dated 30th October 2003 passed by the Second Additional Motor Accident Claims Tribunal (FTC), Jang'ir (C.G.) in M.A.C.C. E No.29/2002. ; The appellants/claimants are the Widow, children and mother of deceased — Bhagwan Prasad Sahu, who died in the motor accident on 26/3/2002, When his Hero Honda Motorcycle bearing registration No.-MP—26/KC—4872 was dashed by the offending vehicle -Truck bearing registration No.10A/O373 and Trolley bearing N0.CG— 10A/0374. J‘he appellants claimed a sum of Rs.24,49,745/ - as the amount of compensation on account of death of the deceased in the motor accident. The deceased was an Assistant Teacher in a Government School. The appellants based their claim on the salary of the deceased. In the evidence, they produced salary certificate (Annexure A—4), according to which, the deceased was earning Rs.8853/— per month and 1,06,236/- per annum. The Tribunal also assessed the income of the deceased as Rs.1,06,236/— per annum. The Tribunal deducted 1 /3rd of the said amount towards personal expenses of the deceased and assessed the dependency of the appellants to the- extent of Rs.70,824/‘ per annum. The Tribunal used multiplier of 13 and ultimately, the amount of compensation was worked out to Rs.9,20,712/». By awarding a sum of Rs.7000/— towards the other heads and further awarding a sum of Rs.31,205/— towards repairing charges of the motor cycle, a total sum of Rs.9,58,9 17/ — was awarded as the amount of compensation to the appellants by the Tribunal on account of death of the deceased in the motor accident. The Tribunal also awarded interest @ 6% per annum on the above amount. Learned counsel for the appellants submits that the Tribunal has not awarded any amount on, account of loss of estate as prescribed under the second schedule prepared under Section 163—A of the Motor Vehicles Act. We do not find any force in such argument advanced by learned counsel for the appellants. Admittedly, the claim petition was filed under Section 166 of the Motor Vehicles Act and in this matter, the second schedule prepared under Section 163-A of the Motor Vehicles Act cannot be ww, ‘éw 3 M.A. No.119/2004 undr obligation to award “just and reasonable” compensation to the pivotal considerion and requires judicious approach. The expression “just” denotes equitability, fairness, reasonableness and a sal— T. P. Sharma Judge 7‘ r Shyna é at