WQH COURT OF CHHATTSSGARH AT DiV!S10N_BENCH CGRAJV3: HON'BLE SHRI JAGDISH BHALLA, Ag.CJ. & HON'BLE SHRI DILSP J. CLAiMANTS RESPONDENTS Present: M.A.(C)No.g57of2007 1. Smt. Mathura Bal Widow of Late Rohit ' Kumar Deshmuktt aged about 29 years. 2. Saurabh Kumar S/o. Late Rohit Kumar Deshmukh aged about 13 years. 3. Subham Dsshmukh S/o. Late Rohit Kumar Deshmukh aged about 5 years. Both 2 and 3 are Minor Guardian Through Mother Smt Mathura Bai Wldow of Late Rohit Kumar Deshkumh. 4. Chhotu Ram S/Q. pisahu Ram Deshmukh aged about 65 years. 5. Smt. Haro Bai W/o. Chhotu ram aged about55 years A!f 1 to 5 R/o. Village : Khapparbada, Police Station : Anda, Tahsit & Distt Durg (C.G.) VERSUS 1. Mohd. Asiam S/o. Mohd. Ramjan aged about 36 years R/o. Luchkipara Durg, Tahsit & Distt. Durg (C.G.) 2. Mohd. Salim S/o. Mohd. Sarfuddin r/o. Ward No. 7, Sakiyapara Durg, Tahsi! & Distt.Durg(C.G.) 3. Natlonai insurance Co. Ltd., Seoond Fioor Mobin Mahai G.E. Road P.B. No. 122Raipur(C.G.) AppeaLyMerSsctionlZS^fi^oto^^ . Shri Jitendra Gupta, counse! for the appeliants. ORAL ORDER < (Passed on 2Sm June, 2007) ^ The fdlowing orai order of the Court was passed by A. Dliip Raosaheb Deshmukh, J« ^:m <2.- 1!IIY- Ij 'l? ^" Heard. The sole point urged by leamed counsel for the appellants in this appeal for enhancement of compensatton in a case of accidental death of one Rohit Kumar Deshmukh aged 34 yearsis that the Tribunal ought to have assessed the monthly income of the deceasedat Rs.4,500/- instead of Rs.3,000/-. However upon perusal oftheimpugnedawardwertnd that one Rajendra Prasad Deshmukh who was the prDprietor of DeshmuKh Traders was examined by the claimants and produced doouments. However, in the cross examination, he admitted that no attendance register was maintained by him and that thedeceased was a near relative. It was also admitted by the said wltness that except Rohit Kumar Deshmukh, he has not mentioned about the dtebursement of salary to other workers. In this view of the matter we are of the considered opinion that the learned Tribunal was wholly justified in taking the monthly income of the deceased at Rs.3,000/- and assessing, loss of dependency on that basis. Under conventional heads the Tribunal ought not to have awarded a sum of Rs.25,000/- under the head of loss of expectancy of life to the appellants, while awarding total compensation at Rs.4,42,500/-. In this view of the matter, we are of the considered oplnlon that the Tribunal has already awarded an excess of what it ought to haye awarded as compens^tion. Accordingly, we find no merit in this appeat. tt is dismissed at the stage of ' r admission itself. Sd/- Ag.ChiefJustice subbu Sd/- Dilip Raosaheb Deshmukh Judge '< !\