^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. hflisc. Appeal (C) No. 588 of 2011 Appellant Claimant Respondents Non-claimants Smt. Budhwariya Bai w/o Shri Gopal Singh, aged about 30 years, residence of village Lufa P.S. and Tahsil Kota, district Bilaspur C.G. VERSUS Sudama Prasad Yadav, s/o Narayan Prasad Yadav, residence of village Karoudi, P.S. Rajendra Gram, district Anuppur M.P. Love Kumar, s/o Dhirsai Mahara, residence of village Basahi P.S. Rajendra Gram, district Anuppur M.P. Iffco Tokiyo General Insurance Co. Ltd. through Branch Manager, Branch Office, third floor 345-346, Lalganga Shopping Mall, G.E. Road, Raipur C.G. Misc. ADDeal under Section 173 ofthe MotorVehicle Act. Present: Shri P.K. Tulsyan, counsel for the appellant. Shri Amrito Das, counsel for respondent No.3. ORDER ith (20mSeptember,2011) The following order of the Court Was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the 5 Additional Motor Accident ^A M.A.C.No. 588 of 2011 Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 28.01.2011, passed in Claim Case No.36/2010. 2) As against the compensation of Rs.7,70,000/- claimed by the appellant/ claimant, unfortunate major and married daughter of deceased Smt. Sundariya Bai by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 28.12.2008, the Tribunal awarded a total sum of Rs.92,000/- as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Smt Sundariya Bai died on account of the injuries sustained by her in the motor accident on 28.12.2008; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.MP-18 D/0657; as the above offending vehicle Jeep on the date of the accident was insured with the Iffco Tokiyo General Insurance Company Limited and the Insurance Company co'Uld not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. AC.No. 588 of 2011 ^....-. 5) The Tribunal assessed the income of the deceased at Rs.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. By deducting 1/3rd of Rs.15,000/- towards the personal expenses of the deceased, the claimant's dependency was assessed at Rs. 10.000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 8, the compensation was worked out to Rs.80,000/-. By awarding further sum of Rs.12,000/- under other heads, the Tribunal awarded a total sum of Rs.92,000/- as compensation to the claimant for the death of her mother Smt Sundariya Bai in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.92,000/- @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri PK Tulsyan, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.92,000/- only. 7) Shri Amrito Das, learned counsel for respondent No.3, the Iffco Tokiyo Generat Insurance Company Limited, the insurer of the offending vehicle Jeep,,on the other hand, placing reliance on the dictum of the Apex Court in the case of Smt Wlanjuri Bera Vs Oriental Insurance Company Limited, reported in 2007 AIR SCW 1962, contended that as the sole claimant in the case was M.A.C.No. 588 of 2011 not at all dependent on the deceased, the Tribunal ought to have awarded only Rs.50,000/- as compensation to the claimant. 8) Deceased Smt Sundariya Bai, as per the admissions made by the claimant in her evidence before the Tribunal, was aged about 60 years on the date of the accident. The sole claimant in the case Smt Budhwariya Bai, is her daughter aged about 30 years. Admittedly, the claimant was living with her husband in a different village. The claimant has admitted that she and her husband both were working as labour. She further admitted that her mother being aged about 60 years and on account of her ill-health used to remain in the house, meaning thereby that the deceased was not having any income, much less, a regular and definite income. 9) The Apex Court in the case of Smt Manjuri Bera Vs Oriental Insurance Company Limited (supra) has held that as the married daughter who was living separately with her husband was not dependent on the deceased, was entitled to get only Rs.50,000/- as compensation for the death of her father/mother in the motor accident. 10) The compensation of Rs.92,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case and the dictum of the Apex Court in the case of Smt Manjuri Bera Vs Oriental Insurance Company Limited (supra), we are satisfied, does not call for any enhancement in this appeal. AC.No. 588 of 2011 11) The appeal filed by the appeIlanV claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 12) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar ie subbu f