HIGH COURT OFCHHAmSGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLESHR! H.L. DATTU, CJ. HON'BLE SHRI D.R. DESHIVIUKH, J. IVIisc. Appeal (C) No.528of2007 APPELLANTS Applicants RESPONDENTS Non-Applicants 1. Ajmer Khan S/o Hasim Khan aged about 35 years, |R/o Upar Para Abhanpur, Thana jAbhanpur, Distt. Raipur(C.G.) | 2. Smt. Rasidan Bee |W/o Ajmer Khan aged about 30 yeara, R/o Upar Para Abhanpur, Thana lAbhanpur, Distt. Raipur(C.G.) j Versus 1. Lokesh Kumar S/o: Shri Kartik Ram Kosaie aged about 32 years, R/o Bagdehi Para, Gobra Naya Para, Rajim, Distt. Raipur(C.G.) i 2. Manmohan Agrawal S/o Phobichand Agrawal aged about 40 years, R/o Sadar Bazar, Navapara Main Road, RajJmDist.Raipur(C.G.) 3. The Oriental Insurance Company Ltd., Through Branch Manager, Branch No.2, Chawta Complex, Sai Nagar, Devendra Nagar Road, Raipurj(C.G.) MemorardumQfAppeaiunderSect^ ameNed jw Ad oft9^ ! Present: Shri Sachin Singh Rajput, counsel fbr the appellants. ORALORDER (Passed on 2"° iViay,2007) k The following orai order of the Court was passed by Dilip Raosaheb Deshmukh,J.: Heard; The appellantjs aggrieved by the order dated 27.01.2007 passedfc^the \ ' . .1.':! ! . '• . • ! ' • -' !Xth Additional motor Accidents CIaims Tribunal, Raipur (CG) (for short "the r Tribunal"), inclaimeaseNo.50/2006, wherebyina caseof accidental deathofa ^•'. ~1'.' .• '• ";. ". x young tad, age^" 10 years the Tribunat awarded total cornpensation of Rs.1,56,000/-. 'x . p) _ The break-upMthe.awardpassedbythe^ € ?-, a) Loss of dependency b) Funerai expenses c) Loss of love and affection Total Rs.1,50,000/- Rs.2,000/- Rs.4,000/- Rs.1,56,000/- (3) The only ground uiged by learned counsei for the appetlants is that the compensation awarded by leamedTribunaliswholtyinadequateandcannotbe regardedas just and reasonabie compensation in the facts and circumstances of the case. Learned counse! did notdispute that notionait income ofthe deceased was rightly assessed by the MACT at Rs.15,000/- and muitiplier 15 was rightly adopted. However, the deceased was a young boy of 10 years and would not have stariied earning and contributing towards the iparents/ciaimants till he attained majority. Even after that, once the deceased would have started earning, hewould have got married, and would have children/ tn that view ofthe matter, after attaining majority, loss of dependency of the parents would be restricted to oniy 1/3 and not 2/3 as held by the MAOT, because fhe deceased woutd also be contributing for maintaining his farriity i.e. his wife and children and would also incur personal expenses. (4) In that view of the matter, we find that the Tribuna! by deductlng only 173rd towards personal expenses of the deceased has already awarded compensation in excess ofwhat ought to have been awarded to the claimants/^ppellants. We therefore, find no merit iti this appeai, which is dismissed atthe admission stage itseif. Sd/- ChiefJustice Sd/- DiUp Raosaheb Deshmukh Judge \.l- .-'^.\; "\'\ ^I^STTpp