@ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR ^NHA, J. Miscellaneous Appeal No.971 of 2003 Appellants Claimants. Respondents Non-Applicants 1 Smt Maya Singh Thakur W/o Ashok Singh Thakur, Aged 27 years 2 Pankaj @ Rahul Singh S/o Ashd< Singh aged 10years 3 Suraj Singh @ Om Sivam Stngh S/o Ashok Singh Thakur, aged 8 years 4 Ku Akansha @ Ashwarya Thakur, D/o Ashok Singh Thakur, aged 5 years, appellants no.2 to 4 are represwted hereby legal guardian mother Maya Singh Thakur, All are R/o Kusalpur, Distt Raipur (CG) VERSUS 1. Vinod Kumar S/o Ganga Ram Mabriha through Branch Manager, LIC R/o Rajbandha Maidan, Near Dainik Bhaskar, Raipur. (CG) 2. The New India Insurance Co. Ltd., Through Divisional Manager, The New India Insurance Co.Ltd., Jail Road, Raipur, Tah & Distt - Raipur (CG). Miscellaneous Aopeal underSectfon173ofthe Motor Vehictes Act 1988. Present: Shri SC Verma, counsel for the appellarrts. None for the respondents. Order (30th June, 2009) The following order of the Court was passed by Rajeev Gupta, CJ. l... This is claimants' appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Raipur (for short the Tribunal'), vide av^ird dated 30.07.2003, passed in Claim CaseNo.151/2001. 2. The claimants, unfortunate, widow and minor children of deceased Ashok Singh Thakur claimed compensation of Rs.8,96,000/- by filinga daim petttion underSection 163-A ofthe Motor Vehicles Act, for his death in the motor accident on 14.09.2001, when his Motorcycle dashed against a tree, resulting in multiple serious injuries to Ashok Singh Thakur, who succumbed to those injuries at the spot itself. 3. The Tribunal, in view of the decision of the Apex Court in the case of Oriental Insurance Company Limited Vs. HansraJ Bhai Vikhondala & others, reported in Accident Compensation Cases 2001 SC -618, held that as the claimants had preferred to flle the claim petition under Section 163-A ofttie Motor Vehicles Act, the compensation was to be sesessed taking the income of the.deceased at Rs.40,000/- per annum. The Tribunal, therefore, assessed the claimants' dependency at Rs.26,667/- by deducting 1/3rd of Rs.40,000/- towards the personal expenses of the deceased. By mult^lying the annual dependency of Rs.26,667/- with the muttiplier of 17, the compensation was worked out to Rs.4,53,339/-. By awarding further sum of Rs.5,000/- under other heads, the Tribunat awarded a total sum of Rs.4,58,339/- as compensation to the ^ 1 I ^, claimants for the death of deceased Ashok Singh Thakur in the motor accident, along with interest @ 6% per annum. 4. Shri S.C. Verma, leamed counsel for the appellant could not dispute that in view of the specific provisions contained in the Second Schedule under Section 163-Aof the Motor Vehtetes Act and the dictum of the Apex Court in the case of Ortental Insurance Company Limited Vs. Hansraj Bhai Vikhondala & others (Supra), the Tribunal could not have assessed the income of the deceased more than Rs.40,000/- per annum for the purposes of the assessment of the compensation under Section 163-A of the Motor Vehides Act. 5. The claimants cannot have any grievance about the assessment of the claimants' dependency by the Tribunal at Rs.26,667/- by deducting the usual 1/3rd of Rs.40.000/- towards the personal expenses ofthe deceased. 6. The multiplier of 17 selected by the Tribunal is rather on the higher side considering that deceased Ashok Singh Thakur was aged about 31 .years, in view of the dictum of the Apex Court in the case of New Indla Assuivnce Co. Ltd. Vs. ^alpana and offiws,reported in 2007 ACJ 825. 7. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the assessment of the income of the deceased or the ctaimants' dependency by the Tribunal or the multiplier selected. ^- '! Ite^:. v^. V;. subbu 8. The appeal, therefore, is liable to be dismissed and is hereby dismissed. 9. No order as to costs. Sd/- Justice Sd/- SuniIKumarSinha Judge f