HIGH COURT OF CHHATriSGARHAT BJLASPUR DIVISION BENCH Coram : HON'BLE SHRI RAJEEVGUPTA. C.J. & HON'BLESHRSDHIRENDRAMISHRA,J. Misceiianeous Appeai (C) No. 707 of 2008 APPELLANTS RESPONDENTS 1. Jansmejay Naik S/o Shri C.B. Nalk, aged about 46 years, 2. Suhas Naik S/o Shri Janmejay Naik, aged about 18 years, (Both are resjdent at - Betiind Shoping Center, CSEB Coiony, Darri, Tahsll Katghora, Distt. Korha(C.G.) Versus 1. Rai Singh Kanwer S/o Ghasi Slngh Kanwer, jaged 30 years, R/o Viliage Khodri, (Post - Ranwa P.S. KatghOFa,Disttj. Korba(C.G.) 2. Abhay Garg, S/o Radheshyam Garg, R/o Factory Area, Katghora, Tahsil Katghora, Dlstt. Korba (C.G.) 3. The New india insurance Co. Ltd., through - Jone Manager Jone, Office T.P. Nagar, Korba Distt.- K^rba(C.G.) Appea! Under Sectlon 173 of Motor Vehlcles Act, 1988 Present;Shri M.K. Baeg, learned counsel forthe appeflants. OR'DER . .. . •.. (16TH June,20&8) The following order of the Court was passed by _Rajeev Gupta, CJ.; Shri M.K. Baeg.leamed counsel forthe appeliants is heard on admission. . 2. This is claimants' appea! for enhancement of the compensation awarded by the Additionai Motor Accident Claims Tribunal, Katghora, District Korba (for short "the Tribunal") vide award dated 26-03-2008, passed in CIaim Case No..34/2007. 3. The daimants, unfortunate husband;and son of deceased Tuisi Naik ciaimed eompensation of Rs.35,96,000/- for her death in the motor accident on 23-11 -2006 when the Scooty on which she was travelling as a piltion rider was dashed by the offending vehicle Truck bearing Registration No.OR-02/A.D/6335 (Present Registration No. CG-04-J/8670) resulting in her Instantaneous death on the stop itseif. The claimants further pteaded that deceased - Tulsi Naik was 39 years of age and used to earn Rs.8,000/- per month as Teacher. 4. The Tribunal on a dose scrutinyof the evidence led by the parties,assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3rd of Rs.36,000/- towards personal expenses of the deceased, the claimants' dependency was assessed at Rs.24,000/- per annum. By multipiying the annual dependency of Rs.24,000/- with the muStiptJer of 16, the compensation was worked out to Rs.3,84,000/-. By awarding a further sum of Rs.32,000/-under other heads, the Tribunal awarded a totai sum of Rs.4,16,000/-as compensatlon to tfta claimants for the death of deceased - Tuisi Naik in the motor Hj^l accident. The Tribunai further awarded interest @ 8% per annum on the above amount of compensation of Rs.4,16,OOQ/-. 5. ShriK4.K. Baeg,!eamedcounselfortheappeiiantsvehementiy argued thatthe Tribunal has erred'in not accepting the ciaimants' evidence about the income of the deceased and in assessing her income at Rs.3,000/- per month and Rs.36,000/- per annum oniy. 6. Though the claimants, plegded that deceased - Tuisi Naik used to earn Rs.8,000/- per month as Teacher, the evidence ied in that behalf was not ofciinchjng nature. The Tribunal, therefore, assessed the income of the deceased at Rs.3,000/- per month by taklng Rs.2,000/- towards her salary and Rs.1,000/- as her earning from tultion. 7. On due consideration of the submissions of learned counsei for the appeilants, we do not find any infirmity in the assessment of the incpme of the deceased bythe Tribunal at Rs.3,000/- per month and Rs.36,000/- per annum. The muitipiier of 16 selected by the Tribunal considering the age of the deceased and the claimants cannot be found fauit with. 8. We, therefore, do not find any scope forenhancement 6f the compensation awarded by the Tribunal either on account of the income of the deceased or the claimants' dependency assessed by the Tribunai orthe muitipiier selected. 9. T'ne appeal filed by the appeHants/ciaimants for enhancement of the comDensation, therefore, is Siable'to be dismissed andis he.reby dismissed summariiy. Sd/- Chief Justice ]^(>^<_ Sd/- Dhirendra Mishra Judge