,^s HIGM.COURTOFCHHATTiS^^^ CORAM: GUPTA, CJ & HON'BLE SHRI L.C. J. CSaimant ^ Respondents: Non-apDEIcants M.A.fCINo. 211 of2008 1. Charanjeet Kaur Wd/o Late h'arvel Singh aged about years, Occupation House Wife. '3Q 00 2. Mandeep Kaur D/o Late Harvel Singh aged about 17 years Occupation - Student 3. Navdeep Singh S/o Late Harvel Singh aged about 15 years. 4. Amandeep Kaur D/o Late Harvei Singh aged about 13 years 5. Manjinder Singh S/o Late Harvel Singh about 11 years 6. Surender Singh @ Sinda S/o Ghaslta Singh aged about 72 years Respondent No. 2 to 5 are Minor, Through tegaj guardian mother Charanjeet Kaur appeliant No. 1 , AIS R/o Housing Board Coiony, Tatibandh, Post Tatibandh, Thana Aamanaka Raipur, Tahsi! and Distrlct Raipur (C.G.) Mahendra Singh aged about 46 years S/o Paa! Singh Sardar R/o Dhancha Bhawan, Number 62, Tatibandh, Thana Aamanaka, Raipur, Tahsii and District Raipur Gulzar Singh S/o Ganraii Singh, Truck Ovvner, indra Road Carrear 2 ^ 3. Ringh Road No.2, Tatibandh Raipur Tehsi! and District Raipur (C.G.) The New india insurance Company Limited, Through : Djvlslona! SVianager, Dlvisiona! Office No.1, Kutchery Chowk, Raipur (C.G.) Misceiianeous Appeal under Sectlon 173 of the (Viotor Vehicjes Act. 1994 Present: Shri S.C. Verma, learned counsei fbr the appellants. O RD E R ith (14m February, The foliowing order of the Court was passed by Rajeev Gupta, C.J. Shri S.C. Verma, learned counsei for the appellants is heard on admlssson. (2) The claimants have filed this appeal for enhancement of the compensation awarded by the Seventh Additional Motor Accident Claims Tribuna!, Raipur, (henceforth "the Tribunal"), vide award dated 29.09.2007 passed in Claim Case No.97/2006. (3) The claimants, unfortunate widow, children and father of deceased Harvel Singh, ciaimed compensation of Rs.22,50,000/- for his death in the motor accident on 07.09.2005, when his motorcycle bearing registration No. CG-04/CD-2050 was dashed by the offending vehicie Truck bearing registration No. CG- 05/4612, resulting in multiple serious injuries to Harvel Singh, who died during the course of his treatment in the hospital on '6. ^l 12-11 -2005. The ciaimants further pleaded that deceased Harvel Singh used to earn Rs.10,000/- per month. (4) The Tribuna! on a close scrutiny of the pleadings of the parties and the evidence fed by them before the Tribunat held that deceased Harvel Singh died on account of the injuries sustained by him in the motor accident on 07.09.2005; the accident occurred due to rash and negiigent driving of the driver of the offending vehicie - Truck; as the offending vehicle Truck v^as insured on the date of the accident with New tndia Insurance Company Limited, the Insurance Company was iiab!e to pay compensation to the claimants. (5) The Tribunal assessed the income of deceased Harvel Singh at Rs.6,000/- per month. By deducting 1/3rd of the sum of Rs.6,000/- as the personal expenses of the deceased, the claimants' dependency was assessed at Rs.4,000/- per month and Rs.48,000/- per annum. Considering the age of the deceased and the claimants, the Tribunal seiected the multipiier of 13. By muitipiying the annua! dependency of Rs.48,000/- with the muitiplier of 13, the compensation was worked out to Rs.6,24,000/-. The Tribunal awarded a further sum of Rs.20,000/- under other permissibie heads. By awarding a sum of. Rs. 1,37,000/- towards medical expenses on the treatment of the deceased from the date of accident til! the date of his death and a "sum of Rs.30,000/- towards specia! diet and attendant, the Tribunat awarded a total sum of Rs.8,11,000/- as compensation to the claimants for the death ot deceased Harvel Singh. The Tribuna! further directed payment of interest @ 6% per annum on the above amount of compensation of Rs.8,11,000/- from the date of filing of the claim petltjon tili the date of actual payment. (6) Shri S.C. Verma, iearned counsel for the appellants vehemently argued that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.6,000/- per month only ; in selecting the lower muitipller of 13; and in awarding iow compensation of Rs.8,11,000/-only. (7) Though the ciaimants pieaded that Harvei Singh used to earn Rs.10,000/- per month, but no documentary evidence was adduced before the Tribunal to estabiish the said income of the deceased. In this state of evidence, we do not find any infirmity in the assessment of the income of the deceased by the Tribunal at Rs.6,000/- per month. (8) The dependency of the claimants, w/e are satisfied, has been rightty assessed by the Tribunal at Rs.4,000/- per month and at Rs.48,000/- per annum by deducting 1/3rd of Rs.6,000/- as the personal expenses of the deceased. (9) The multiplier of 13 selected by the Tribunal considering that deceased Harvel Singh was aged about 41 years on the date of accident also cannot be found fault with. (10.) We, therefore, do not find any scope tor enhancement of the compensation awarded by the Tribunal either on account of "?%. '^"%, ^ the income of the deceased or the claimants' dependency assessed by the Tribunai or the multiplier selected. (11) The appeal filed by the appejlants for enhancement of the compensation, therefore, is iiabie to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- L.C. Bhadoo Judge subbu ^