,N ^ HIGH COURT OF CHHATTISGARH AT BiLASPUR DSVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHR1 RANGNATH CHANDRAKAR,J Appeilants Respondents Misc Appeal (C) No.287 of 2010 1 Smt Sampat Prajapati, aged about 34 years, W/o Lats Ramchandra Prajapatj 2 Abhishek Prajapati aged about 16 years, S/o Late Ramchandra Prajapatj 3 Rajat Prajapati, aged about 14 years, S/o Late Ramchandra Prajapati 4 Rahul Prajapati aged about 12 years,~^o^ Late Ramchandra Prajapati 5 Yash Prajapati, aged about 10 years, S/o Late Ramchandra Prajapati 6 Hanuman Prasad Prajapati, aged about 75 years, S/o Late Gopiram Prajapati 7 Smt Ramdevi Prajapati, aged about 65 years, W/o Hanuman Prasad Prajapati Appellant No.2 to 5 minor represented through naturat guardlan mother Smt Sampat Prajapati aged about 34 years, W/o Late Ramchandra PrajapatJ All R/o Khamhardih Basti, Near Guru Ghasidas Chowk. Shankar Nagar, Tahsil & District Raipur (CG) Versus 1 Kapil Dev Neware, S/o Ramprasad Nevvare, R/o Mundjpar (MIDC), Tahsil & District Gondia (MS) Presentiy !ndian Transport, Bhanpuri Road, Tatibandh, Raipur(CG) (Driver) 2 Parvinder Singh, S/o Molak Singh Bhatia, R/o Thana Deori, District Gondia (MS) Presently GE Road, Tatibandh, Raipur (CG) (Owner) 3 The Oriental Insurance Company Limited, Through Sr. Divisionai Manager, DMsional Office No.2, Saj Nagar, Raipur (CG) (Insurer) IVlemorandum of appeal under Section 173 of the Motor Vehicie Act Present : Shri SS Rajput, counsel for the appellants. ORDER (22nd April, 2010) The following order of the Court was passed by Rajeev Gupta, CJ. Shri SS Rajput, learned counsel for the appellants is heard on admission. 2) The appellants are seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 16.12.2009, passed in Claim Case No.71/2009. 2) As against the compensation of Rs.41,55,046/- claimed by the appeliants/claimants, unfortunate widow, minor chiidren and parents of deceased Ramchandra Prajapati by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 30.04.2008; the Tribunal awarded a total sum of Rs.12,53,000/- as compensation along with interest @ 6% per annum from the date of the filing of the claim petition till the date of actual payment. 3) Shri SS Rajput, learned counsel for the appellants vehemently argued that the Tribunal has erred in assessing the income of the deceased at Rs.1,06,670/- per annum only, though the income of the deceased shown in the Income Tax Return filed after his death for the assessment year relevant to the date of the —^~"^\ /yy~\ f^l 1 .. ^l S \ ^....Jy/ accident was Rs.2,47,370/-; and in awarding !ow compensation of Rs.12,53,000/-only. 4) In a motor accident claim case what is important is that the compensation to be awarded by the Courts / Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a bonanza. 5) On due consideration of the submissions of iearned counsel for the appellants; the assessment of the compensation made by the Tribunal in the impugned award; the income of the deceased shown in the Income Tax Returns for four years; age of the deceased, his widow and parents, we are satisfied that the compensation of Rs.12,53,000/- awarded by the Tribunai cannot at all be termed as 'inadequate' so as to warrant enhancement in this appeal. 6) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 7) The appeal, filed by the appellants/claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma