1. $mt. Nirasha Bai, Wd/e Late Pancham ‘ Dhruw, Aged abaut 50 years, 1. Purshottam S/o Ramadha: 'Sahu, R/o - Wiage — M, Thana -‘ Kurud, Dist HSGH COURT OF CHHATTI$GARH AT BELASPUR WSC. APPEAL NG. 147 OF 2004 APPELLANT§ E {élaimaatsi 2. Komai Singh Netam, $lo Pancham Dhruw, Aged abcut 17 yeairs, Appe!(ant N92 represenied hereby moiher Nirasha Bai Both are msidents of WHage Fusera, Thana Abhanpur, Ta%is§i & Disit. Raigur (03.) 3. Pratap Dhruw, S/a $hri Pancham ’ruw, Age about 30 yeazs, R/o usera, Distt. Dhamtari .63) 4. Smt. Ahiiya Bai Wl'o Sri Hemkum, Aged ‘ abom 2S Yaays, Viiiage == Kend{i, Dista Raipur (C.G.) ‘Veisus RESPONDENTS Menapplicants ura Dhamtari (0.6. 2. 'Foshendra Kumar Sfo Sri Narayan Singh Dhruw, Rlo viilage Post Darba, Tha — Kurud, Distt. Raipur. 3. Through The United Divisio‘n indla nsurance Manager, Uhked o Pvt. Indie Ltd insurance Co. Pvt. Ltd., Kachhari Chowk, Raipur, Distt. Raipur (C.G.) MI$CELLANEOUS APPEAL UNDER $ECTIQN 1?3‘QF THE MDTOR VEH!CLE ACT, 1&88. ‘ :Shri S.C. Verma, counsei along with Shri Aditya Khare, counse! for the appellants. ORAL ORDER (Passed on“? "i day of March, 2010) This is claimants’ appeal for enhancement of compensation in the award dated 01-09-2003 passed by Fifth Additional Motor Accident Claims Tribunal, Raipur (for short ‘the Tribunal’) in Claim Case No.07/200'l. , Dn d F ((3 ) & an é C (Sinqie Bench: Honbie Mr. MK. AqarwaL J.) Present 2. Facts briefly stated are as under: On 16-1 2-2000 Pancham Dhruw, (since deceased) met witi" an accident with motorcycle bearing registration No. MP. 26 KB§6173€3 and succumbeoi to the injuries sustained .I‘n the said accident. 3. The chaimants unfortunafe widow, one minor son, one major son and one married daughter of the deceaseoi have fiied an agpiication under Section 166 of the Motor Vehicies Act (for short ‘the Act’) ciaiming Rs.4,15,000f- as compensation for the death of the deceased in the said accident against the respondents i.e. driver, owner and insurer of the motorcycie. .‘* a 4. The iearned Tribunal on a close scrutiny of the evidence ted, material placed and submissions made, held respondent No.1 responsible for the said accident; assessed the income of the deceased as Rs. 3,000i- per month i.e. Rs.36,000/- per annum; after deducting 1i3r" of it towards personal expenses of the deceased, assessed the yeariy dependency as Rs.24,000/-; looking to the age of the deceased as 55 years at the time of accident. applied the multiplier of 9 and awarded Rs.2,16,000/- on account of loss of dependency. The learned T'ribunai has further awarded Rs.10,000/- on other heads and thus awarded a totai sum of Rs.2,26,000/- as compensation for ,the death of the deceased, to the appeliants/ciaimants along with interest @ 9% per annum from the date of application tili its recovery. 5. Learned counsel for the appeliantslclaimants would submit that the amount awarded by the learned Tribunal is shockingly on lower side and deserves to be suitably enhanced. 6, i have heard learned counsei for the parties and perused the record and the award impugned; 7. The learned Tribunal on appreciation of evidence has rightiy assessed the income of the deceased as Rs.3,000l— per month, rightiy deducted 1/3” of it towards personal expenses of the deceased, iooking to the age of the deceased as 55 years at the time of accident has aiso rightiy applied the muitiplier of 9 and thus learned Tribunal has rightly caiculated the amount of compensation on account of ioss of dependency as Rs.2,‘l6,000/—. The learned Tribunal has further awarded Rs.10,000l— on other heads and thus has rightly awarded ~ Rs.2,26,000/~ as compensation to the appeiiantslciaimants which in the considered opinion of this Court is just and reasonable. 8. For the foregomg smce the Impugned award Is Just énd reasonable the appeal Hed by the appellants being devmd of substance is habie i9 be and .s hereby dismissed 9. No order as to costs. Kf¢a Sd/- @@ N.K. Agrawa‘ Judge ’v/l‘ ix