APPELLANTS/: COURT OF CHHATTISGARH AT DSViSjOMBENCH GUPTA, CJ. & HON'BLE SHRS T.P. SHARNA, J. M.A.fa.No.228of2e08 1. Shrimati Rajni @ Khusi, aged 29 yearSyW/o Samlr Saxena 2. Shrimati Shakuntala, aged 61 years, W/o Shri Brijesh Kumar Saxena, aged 66 years 3. Shri Brijesh Kumar Saxena, aged 66 years, S/o P.L. Saxena Ai! R/o B.D. Mahant Up Nagar, Champa, Dlstt. Janjgir-Champa Versus 1. Satyanarayan, aged 27 years, S/o Shri Chamrarram Kakar, R/o Baksahi, Police Station Pail, Distt. Korba (C.G.) 2. Saiyed Amjad AEi, aged 29 years, Saiyed Ahamed Aii, R/o Near Doctor Banerjee House Purana Power House, Bilaspur, Tah. & Distt. Bitaspur C.G. 3 The New India Insurance Company Ltd., Through Branch Manager, Branch Qfflce Kada Compiex, Transport Nagar, Korba C.G. 4. Orientai Insurance Company, Through Regionai Manager, Near Bus Stand, Bllaspur C.G. (Appeal ynder Section 173 ofthe Motor Vehicies Act, Present: Shri NK Chatterjee, counse! for the appeilants. ORDER RESPONDENTS/: (Non-appiicants) ?th (07tn October, The foiiowing order of the Court was. passed by i, CJ. Shri NK Chatterjee, iearned counsel for the appeilants js heard on admission. 2. The appeiiants are seeking enhancement of the compensation awarded by the Motor Accldents Ciaims Tribuna! Janjglr Champa (for short 'the Tribunai') vide award dated 19.11.2007, passed In ciaim case No. 35/2007. 3. As against the compensation of Rs.55,50,000/- claimed by appeliants/ ciaimants, unfortunate widow and parents of deceased Sameer Saxena by filing a claim petition under Sectlon 166 of the IVIotor Vehicies Act for his death in the motor accident on 10.11.2006, the Tribunai awarded a tota! sum of Rs. 18,50,0007- as compensation along with Interest @ 9% per annum frorn t'ne date of filing of the claim petition till the date of actual payment. 4. Shri N.K. Chatterjee, iearned counsel for the appellants vehementiy argued that the Tribunal has erred in awarding low compensation of Rs.18,50,000/- oniy. 5. The clalmants pieaded that deceased Sameer Saxena used to earn Rs.35,000/- per month as Contractor. The Tribunai on a close scrutiny of the entire evidence ied by the ciaimants about the income of the deceased in paras 16 to 18 of the impugned award held that the income of the deceased for a period of eight months was Rs.84,397/-. The Tribunai, on the above basis, assessed the income of the deceased at Rs.1,00,000/- per annum. Considering the future prospects of the deceased, the Tribuna! enhanced the above amount of Rs.1,00,000/- by Rs.50,000/- and thus assessed the income of the deceased at Rs.1,50,000/- per annum. 6. On due consideration of the submissions of iearned counse! for the appeliants; the reasonlngs given by the Tribuna! in paras 16 to 18 ofthe impugned award; and the evldence ted by the ciaimants about the income ofthe deceased, we are satisfled that the assessment of the income of the deceased by the Tribunal at Rs.1,50,000/- per annum cannot be said to be on the tower slde. 7. The Tribunal has deducted the usua! 1/3rd of the income of the deceased towards his personal expenses and as such no Interference is calEed for in that behaif. 8. Considering that deceased Sameer Saxena was aged about 33 years on the date of the accident, the muitiplier of 17, seiected by the Tribunal is rather on the higher side in view of the dictum of the Apex Court in the case of SarSa Vernna (smt.) and Vs. Deihi Transport Corporation And Others, reported in S SCC -121 wherein muitiplier of 16 on!y has been prescribed for the age group between 31 to 35 years. 9. The sum of Rs.1,50,000/- awarded by the Tribunai under other heads Es apparently excessive. '10. For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunai. /^^"\ ^- ^ ^- ^ (; '•^r-" ^^^7) 11. The appeai filed by the appetlants/ dalmants for enhancement of the compensation, therefore, is Siable to be dismissed and is hereby dlsmissed summacU^- Sd/- Chief Justice subbu Sd/- T.P. Sharma Judge