IN THE HIGH COCRT OF JUDICATURE AT BILASPUR CHHATTISGARH ^ , f c,}^ ).-'»^"G1 '—OF20 ^ . tr MISELLANEOUS APPEAL (C) N0. (MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR V^HICLES ACT, 1988) APPELLANTS CLAIMANTS ./ IW y---'i\^p' ^^"y '•p'" ^><y'~ r ^' 1. Nirbhay Das Vaishnav, S/o Kondadas, Vaishnav, aged about 44 years, Occupation- Business. .\c^..-'S'^ -Z$ l~ jL^;?^smt Budhmati Vaishnav, W/o Nirbhay Das Vaishnav, aged about 42 years, Occupation- House Wife. Both R/o- Village - Lamkeni (Khorpa) Police Station - Abhanpur, District Raipur (C.G.) y e,.- y ;,<?%•' RESPONDENTS ^CIilM-CLAIMANTS &- VERSUS 1, SheikhFarid, S/o Sheikh Kallan, aged about 41 years, R/o - Tmck Owner's Transport, Plot No. 1478, Nandan Van, Hasan Bagh (Near Police Chowki), Police Station- Shakkdara, District - Nagpur (Maharashtra.) [Registered Owner of vehicle Tmck bearing registration No.M.H.- 31/M-2759] The National Insurance Company Limited, through Divisional Manager, Division Office, Mobin Road, G.E. Road, Raipur, District - Raipur (C.G.) [Insurer ofvehicle Truck bearing registration No. M.H.- 31/M-2759] 3. The Oriental Insurance Company / Limited, through Divisional Manager, Divisional Office, Kutchery Chowk, Raipur, District - Raipur (C.G.) [Insurer owner of vehicle Swaraj Majda bearing registration No. C.G.- 04-ZB/1612 ] > MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 IB'—1"'' |j3- UUUH 1VJ. tftt •tl-1 llrbhay Das Vaishnav ana another. ^: ^i^ilsii^^a Sneikh Farid and otners. A-^L g-^ ^V^'K^ ^ ;,K SfcGj 101 173 OF T <»." ^T^.r'^^ MQ' ^^i^s^i^, i'S.&ysf^^-'1 ^<«3SB.?M^S;.ft.S^EI^efea ion'bfe IVIr. if .8 i v«. Siiri S. Pandya. counssi forthe apDeiiants. ^ F/St*% /^ ?^^y fr'/^/^G^^M-^i^j^t i^s i-yi i's.^tj^i iU:ss- N" -• i'^0. ; . Shri Dashfath Gupta, counsel ror responaents No.2. Shri Ajay Mishrs, counse! for respondent No.3. OR 14ffi day cf Jus'y, 2010) This is ciaimants' appeal seeking enhancement of compensatio" in fhe award dated 07-07-2008 passed by 12^ Additlonai IViotor Accident Ciaims Tribunal, (F.T.C.) Raipur (for short'the Tribunai') in Claim Case No.109/2007 whereby and whereunder an amount of Rs.3.79.000/- has been awsrded in favour or the clcimants. 2. Facts of the case in brief are as under: On 23-12-2006, coiiusion took place bemeen Swaraj Mazda bearing registration No. C.G. 04 Z8/1612 and truck bearing registration No. MH 31/2759 as a resuit of v/hich the driver of Swaraj Mazda i.e. Parshwanath succumbed to the jnjuries sustained in the said accident. 3. The appellant i.e. unfortunate father and moti'-ier of' deceased Parshwanath have prsferred an application under Section 166 of the Motor Vehicles Act (for short 'the Act') c!a'lrned Rs. 26.00,000/- as compensation against owner and irssurer of the Truck and atso Insurer of Swaraj ivtazda for the death of their son in the said accident. 4. Learned Tribunai on close scrutinv of evidence led. material piaced and submissions made held the driver of Truck was responsibie for the said accident, assessed the monthiv incoms Q? Rs.3.500/- I.s. Rs. 42.0QQ/- oer annum dsducted 1,/3''° of it towards the personai expenses of the deceased, appiied multiplier of 13 ana assessed the amount of compensation towards loss of dependency at Rs.3,64, T I/-, 1 he i Tribunal has further awarded Rs. 15.000/- on other heads and thus awarded a totsi sum of Rs.3.79,000/- against the owner and insurer of the Truck holding thern jointiy and severally iiable for its payment along vi/ith interest @ 7.5% per annum from the date of application till lis recovery. 5. Learned counsel appearing for the appeiiant vi/ould submit that the amount of award passed by the Tribuna! is shock'ingiy on iower side which deserves to be enhanced. 6. Ths iearneci Tribunai on assumption tnat now a days, unskilted iabourers are earning Rs. 100/- per day as wages and. therefore, the deceased might have been earning at feast Ss.3,500/- per month, assessed the monthly income as Rs.3,500/'- v/hich in the considered opinion or' this Court, cannot be saia' tQ be on lower side. The learned Tribunal has appliecf mulfipiier of 13 which is on hlgher side as the ciaimants are parents. The tearnsd Tribunal has also awarded Rs.15,000/- on other heads wh!ch ,'s a!so lust and reasonabfe. 7. For the foregoing, in the consldered opinion of this Court, the impugned award is just and reasonable. No sllegality is in computation of compensatlon. 8. 'he aDpeai beina d.evoid of substance is liabfs to be and is hereby dismissed. Sd/- N.K.Agarawa] Judge