^ m IT OF Cl >A aT^atirf'a'ia s^Sa»f'v''^P'i s Q%u?i'V O^.E; ^'rSe'M ^wa^afc- KUMAR SINHA, J, r^-i^:,—.-^.^i.^. ^•iClliiiCiUt.S Smt Saroj Padamwar, Aged about 52 yes.rs, Widow or Late Panduram Rakesh Padamwar, Aged about 34 ysars, S/o Late Pandu Rang Padamwar Both R/o Near nathani Bhildina Shanti Nsuaf, Raipur, Ts.hsll Si Distrlct Ralpur (Ci r-.i, Non-appiicants 1 Deepak Singh Thakur, S/o Radhe Singh Thakur, R/o Bajrang Chowk, Near Churiva Tank, Tikarapara, Riapur, Tahsii & District Rsipur (CG) 2 The Ney/ 'ndia insurance Company ^s~^Efc/^^J "T'lAEf/^i f.-"{^ r^;it;.^E(^«^^^ E, S^ttKf^MS^.,y i-itlStlcy. i i iiuuyi i l^iyitsltji ictl ivlal ia.y^tt, Divislonal Office - Kachahari Chowk, i.-ji cs,-.^«3 o^;^-.*• /rlrN\ i<3ii r\u<siu; r^faipui ^o<j3» tre>V: iCt I.J^g^S.^E-., fi.^^. 1iiF^;llE^i3S f^\tri, Present : Shri i-a'//an Kesnarwani, counsel for the appellants. Shri MK Bhsduri,counse! for respondent No.1. None for resDondent No.2. /'lflth amret 9ftnQl ^ i^ rf'iu^uai.g &Wrf| The fotiowina order or the Court was passed bv w lu] Learned counsel for the parties are heard cn No.1237/2006, a petition for condonation of delay in fiiing the ippeat. 2) On due consideration of the submissions of learned counsel for the parties and the arounds taken in the aDDlication, we are satisfied that the appellants have succeeded in showing sufficient cause for the delay in fliing the appeal. 3) MCP No.1237/2006, therefore, is allowed and the delay in filing the appeal is hereby condoned. 4) Shri Pawan Kesharv/ani, learned counsel for the appeliants is heard on admission. 5) "he apDellants / claimants are seekina enhancement of the compensation awarded by th.8 9 Additlona! Motor Accident C-laims Tribunat, Raipur (for short, 'the Tribunal'), vide award dated 24.02.2006, passed in Ciaim Case No. 103/2005. 6) As against the compensation of Rs.37,50,000/- claimed by the appellants/claimants, unfortunate mother and elder brother of deceased Ajay Padamwar by filing a claim petition under Section 166 of the Motor Vehicies Act for hls death in the motor accident on 27.05.2005, the Tribunai awarded a total sum of Rs.5,57,000/- as compensation along with Interest Q Q% per annum from the date of filing of the claim petition till the date of actuai payment. 7) Shri Pawan Keshanwani, learned co'dnsel for the appellants vehemently argued that the learned Tribunal has erred in not accepting the claimants' evidence about the income of the decsased: in deductina 1/3 of the inc-ome towards his "ers"na! expensss; in selecting lower multipiier of 15: and in awardina iov/ compensation of Rs.5,57,000/- onlv. 8) True, the claimants pleaded that deceased Ajay Padamwar used to earn Rs.10,000/- per month, but the evidence led in that behalf was not of clinchina naturs. The Tribunal, therefore. /.^'w. ~'%, ." iL _-...- 1 h'-'^SS'Ss. 1 'K •v-ifa"'^ / assessed the income of the deceased in para 23 of the award on its own estimate at Rs.4,500/- per month. In the absence of anv cogent material in support of the income of the deceased as pleaded by the claimants, it cannot be said that the assessment of the income of the deceased by the Tribunal at Rs.4,500/- per month. is on the lower side. a\ Tribunal has been quite iiberal in deductina the usui 1/3 of tris income of ths deceased towards h.is personal expenses, though the deduction in that behalf could have been to the extent of 50% of the income of the deceased as the deceased on the date of the accident was un-married and after his marriage, his contribution to the claimants woutd have been reducec substantlally. 10) The multiplier of 15 seiected by the Tribunal is rather on the hiaher side as claimant No.1 Smt Saroi Padamwar, mother of the deceased v.'as agsd about 52 years on the date ofthe accident. :or the foregoing reasons, we do not find any scope for 1 •I ^ & i s _j r enhancement of the compensation awarded by the Tribunal. 12 12) The appeal, filed by the appsliants / claimants for enhancement of the comDensation. therefore, is liable to be riEsmi^^^ri ^nrj i^ h^rphv rii%r ME^SE I Ei^--5Q:l>i C3.1 iU 1-sS !t^/f^l^¥ <~6i'>3i herei3y dlsmissed summariiy. Chief Justice Sd;- ^^. Sinba pscsmg