^ ^ a c£) ^v" IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) M.A. (C) /4 2^/2009 APPELLANT : ^CIaimant ^. ^y \.\> ^yy y .^- ^^ \.^~ J.. Smt. Saraswati Bai, aged about 40 years, W/o. Shivdayal Sahu ^.''_^w 2 Mohan Kumar Sahu, aged about 16 years, (Minor), Through : Its natural mother Saraswati Bai (Appellant No.1), R/o. Chatarji Form House, Kathadih, Bhatagaon, P.S. Tikarapara,, Tahsil and District Raipur (C.G.) VERSUS RESPONDENTS NObl-CLAIMANTS L.-._ Shivendra Deshmukh, aged about 27 years, S/o. Khamman Lal Deshmukh, R/o. Village-Sankra, Tahsil Baloda, DistrictDurg (C.G.) Santosh Kumar Deshmukh S/o. Khamman Lal Deshmukh, R/o. Village- Sankra, Tahsil Batoda, District Durg (C.G.), The Oriental Insurance Company Limited, Divisional Office, Permanand Bhawan, G.E. Road Durg, Through : Divisionat Manager, Division Office No.1, Kachhari Chowk, Jail Road, Raipur (C.G.), Miscellanceous ADpeal under Section 1 73 of the Motor VehicleAct 1994 3.. —78 g71^T'?RT f^iw TT^T 3TF^T9CTte ^TR^ff tbNim T^T ^tl^Krt^ ^tRwi<o, fsi<rri<-f^< ^^.^.A..CD....^:.Z^...2:.7y.^200^ 3fl^T ^^r(t?tyN^) 'pm^T 'Hft^ ^^ S.B. Hon'bte Shri Justice M.K. Aksarwal 12-11-2009 Shri S.C. Verma, couns^l counsel for the appellants. Heard on J.A. No.01, appii|;atjon for condonation of delay jn fifing the appeal. On due consideration, th expiaining the cause of delay in appjlcation is ailowed and the hereby condoned. Heard on admlssion. fbr This is claimants' appeal against the award dated 17-Q3-2C No.88/2008 by Tenth Additionaij (F.T.C.) Raipur (for short 'the Tribu|naj'5 The facts briefly stated are 'wrf^rih w^f ^f'fe^ Tt^^r "S?T3t^H^?^T along with Shri Adilya Khare, appeilants have succeeded In [filjng the appeal. Therefore, the caused in fiiing the appeaj is d^lay enhancement of compensation •q3-2009 passed in cialm case iMotor Acddent Clajms Tribuna! is under: On 20-02-2008 one Shjv Qayal Sahu (since deceased) met with a motor vehicle accident resui^ing in his instanteneous death. The ciaimants unfortunate v|/idow and one minor son claimed Rs.14,00,000/- as compensation death of the deceased. T,p^».^-'fMi^^^^ against the respondents for the ^ 3??^^FTfe?!^ ^^iT 3?i^T ^RW W*l<?lt SteNKfe 3^ ^M}^^, ^tft^^Ko, I^IRT^ _.^y?..^.^..^o..:.../^..2^•^tlQQ^ W^T'q^^(^y^) ^<n^< ^i^ •Bl^ 2- 4sNid4)pi ^OT^If^fe^ <P?R^rt ^3^Pi^R The learned Tribunal fourfd years at the time of accident; month; after deducting 1/3rd of i( the deceased assessed depenj applied muttipiier of 15 and towards the loss of dependency. heads; Rs.16,902/- towards awarded a total compensation respondents jointly or severaily aE<| the age of the deceased as 44 |assessed income Rs.3,000/- per towards personal expenses of iency at Rs.24,000/- per annum; Rs.3,00,000/- as compensation |By adding in it Rs.7,000/- on other m^dical expenses the Tribunal thus |of Rs.3,83,902/- payable by the (ng with interest @ 6% per annum. awarded Leamed counse! for the amount awarded is shocking or| enhanced. The iearned Tribunai has deceased as Rs.36,000/- per ann mujtipiier of 15 has rlghtly been a? widow and one minor son, the !ea| 1/3 towards personai expense^ ippellants woulei submit that the lower side and deserves to be j have heard learned counjsei for the appeilant and perused theimpugned award. ghtiy assessed the income of the imwhich is based on appreciatlon of the evidence; as the decease^ was the age of 44 years, the compensatjon towards loss learned Tribunal has aiso awarde^ Rs.7,000/-on other heads and plied. Since the claimants are the ned Tribunai has rightly deducted and thus, rightly assessed the pf dependency. Furttier, the -s. —78 3:H^T ^T'f^N' ??%n 3?n^F s»>*tl<=D Kvr ^mvn <»»NI<(» 'g^[ ^l^l<rt<LI, ^tft^i<o> 'f^roy . ^A^1..^±J.L!^L 200'? an^r -q^^t^^i^ ^nw^rf^^iT^? s- Rs.16,902/- towards medicai awarded by the iearned Tribunal in view of the above, the fjndingl cannot be fauited with. For the foregoing reasons, point out any scope for enhancem eXpenses liabJe to be and is hereby dismisse^ at the stage of admlssion. ^qfeNh TRTO^ ^f fezt ^S^R '^^ffRW^T^F and therefore, the sum ({annot be said to be on lower side. [recorded by the iearned Tribunal ^ince the appellants have faiied to ^nt of compensation, the appeal is Sd/- N.K. Agrawal Judge