HiGH COURT OF CHHATTSSGARH AT BiLASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEVGUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J AppeJiants Ciaimants< iVlisc. AppeaS (C) No. 16 of2006 1. Smt Lata Chandrakar, w/o iate Shri Akhilesh Chandrakar, aged about 26 years 2. Snehal Chandrakar, S/o Late Shri Akhiiesh Chandrakar, aged about 5 years (Minor) 3. Shyam Shankar Chandrakar, S/o Late Shri Ghansiram Chandrakar, aged about68years 4. Smt Neera Chandrakar, w/o Shyam Shankar Chandrakar, aged about 57 years (AiJ R/oVJilage Harpidao, Keshkai, Post Keshkal, Distt Bastar (CG) Presently residing at Kelabadi, Subhash Nagar, Tahsil & District Durg (CG) VERSUS ^ Respondents 3. Rajendra Kumar Thakur, S/o Duje Ram Thakur, Aged about 22 years, R/o VitiagePatora, PS Utai, Tahsil & District Durg (CG) Driver ofthe vehicle Chowaram Sahu, S/o Shri Jay Lai Sahu, aged about 60 years, Viliage Utai, Tahsil & District Durg (CG) Owner of the vehicle The Qriental Insurance Co. Ltd., Through its Divisional Manager, Malve Nagar,Durg(CG) Mlscelianeous Appeal under SecSion 173 of Motor Vehlcies Act Present : Shri PR Patankar, counsel for the appeltants. Shri Shailendra Sharma, counsel forrespondent No.3 :^;'fi®1 ORDER (23rd March, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimants' appeal for enhancement of the compensatjon awarded by the 10h Additional Motor Accident Claims Tribunal, Durg (for short, 'the Tribuna!') vide award dated 25.02.2006, passedinCiaim CaseNo.350/2005. 2) As against the compensation of Rs.10,00,000/- claimed by the appellants / ciaimants, unfortunate widow, minor son^and parentsof deceased Akhilesh Chandrakar, by filing a daim petition under Section 166 of the Motor Vehides Act for his death in the motor acddent on 24.10.2004, theTribunal awarded a total sum of Rs.4,33,000/- 'as compensation aiong with interest @ 6% per annum from the date of filing of the clalm petition tiii the date of actual payment. 3) Shri PR Patankar, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.4,33,000/- only. 4) Shri Shaiiendra Sharma, tearned courisel for respondent No.3 the Orientai Insurance Company Limited on the other hand supported the award and contended that the compensation of Rs.4,33,000/-. awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. s%^^^ ^^ - .^>' 5) True, the claimants pieaded that deceased Akhilesh Chandrakar used to earn Rs.6,000/- per month as Electrician, no reliable and cogent evidence was led before the Tribunal to establish the above occupation ofthe deceased and his incometo the extentof Rs.6,000/- per month. In this state of evidence, we do not find any infirmity in the assessment of the income of the deceased by the Tribunai on its own estimate at Rs.3,000/- per month and Rs.36,000/- per annum. 6) The ciaimants' dependency aiso has been rightly assessed by the Tribunal at Rs.24,000/- per annum by deducting the usual 1/3rd of Rs.36,000/- towards the personal expenses of the deceased. 7) The multiplier of 1 7 selected by the Tribunai considering that deceased Akhilesh Chandrakar was aged about 30 years on the date of the accident cannot be said.to be on the iower side. 8) For the foregoing reasons, we do not find any scope for enhancement of the compensafion either on account of the assessment of the income of the deceased or the claimants' dependency by the Tribunat orthe multipiier selected. 9) The appeal fiied by the appellants/claimants for enhancement of the compensation, therefore, is liabSe to be dismlssed and is hereby dismissed. 10) No order as to costs. Sd/- ChiefJustice padma Sd/- R.N. Chandrakar Judge