HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Claimants M.A.(C)No. 297 of 2010 1. Rohit Chandrakar, s/o; Late Ramji aged about 44 years. Respondents: Non-claimants. 2. Smt. Janki Chandrakar, w/o. Rohit Chandrakar, aged about 41 years. Both r/o. village Saror, Police Station -Uria, Tahsil & Distrtet Raipur (CG). VERSUS 1. Vinod Kumar Verma, s/o. Nanhuram Verma, r/o.- through Manoj Kumar Sahu, Ward No. 08, Simga, Polfoe Station -Simg, District Raipur (CG). (Driver of vehicle Truck bearing registration No. CG.04 G 1080) 2. Primenet Globe Limited, New Industrial Area, Ring Road No.2, Gogaon, Raipur, District Raipur (Registered owner of vehicle Truck bearing registration No. CG.04 G 1080). 3. The National Insurance Company Limited, through Branch Manager, Branch Office 01, Navin Bazar, Phool Chowk, G.E. Road, Raipur, District Raipur (CG). (Insurer of vehicle Truck bearing registration No. CG.04 G 1080). Appeal u/S 173 of the Motor Vehides Act. 1988 tor enhancement of the award Present: Shri Shivendu Pandya, counsel for the appellants. ORDER (29th ofMarch, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Shivendu Pandya, leamed counsel for the appedants is heard on I.A.No.01/2010, an appltcation for condonation of the delay in filing the appeal. 2) On due consideration of the submissions of learned counsel for the appellants and the grounds taken in the application, we are satisfied that the appetlants have succeeded in showing sufflcjent cause for the delay in filing the appeal. 3) I.A.No.01/2010, therefore, isallowed and the delay of 31 days in flling the appeal is hereby condoned. 4) Shri Shivendu Pandya, learned counsel for the appellants is heard on admission. 5) The appellants are seeking enhanc@nent of the compensation awarded by the 9th Acldltional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunat') vide award datedl7.09.2009, passed in Claim Case No.75/2009. 6) As against the compensation of Rs.9,00,000/" clalmed by the appellants/ daimants, unfortunate parents of deceased Ku. Bharti^Chandrakar, by filing a claim petition under Section p 166 of the Motor Vehicles Act, for her death in the motor acclctent on 28.08.2008, the Tribunal awarded a total sum of Rs.1,67,000/- as compensation along with interest @ 6%4)erannum from the date of filing ofthe claim petition till the date of actual payment 7) Shri Shivendu Pandya, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.1,67,000/- only. 8) Deceased Ku. Bharti ChandrakarWasagedabout18years on the date of the acddent. She was a student of 12th standard. Though the claimants pteaded that she used to eam Rs.200/- per day from tuition, no reliable evldence was led before the Tribunal in that behalf. Even otherwise, deceasecl Ku. Bharti Chandrakar would have been married in due course, within 3 ~ 4years and would have left her parents. 9) The compensation of Rs.1,67,0007- awarded 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 ofthe presentcase and does not call for any enhancement. 10) We, therefore, do not flnd any scope for enhancement of the compensation awarded by the Tribunal. 11) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, Is llaNeto be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge %.