n'iiii' •::'• ^. IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.1 M.A. (C) No.. ^^\ 72006 APPELLANTS: CLAIMENTS RESPONDENTS: NON-APPLICANTS ^ -^^' ^ Smt. Prem Bai, W/o Fagu Ram Sahu, Aged about 42 yrs. Fagu Ram Sahu, S/o Sri Gangadeen Sahu, aged about 46 yrs. Both resident of Shivanand Nagar, Khamtarai, Raipur, Tah. & Distt. Raipur (C.G.) VERSUS Ashwani Bhardwaj, S/o Sri Sewak Das Bhardwaj, aged about 28 yrs. R/o Dondekala, P.S. Dharsiwa, Tah. & Distt. Raipur (C.G.) Anil Kumar Jain, S/o Pukharaj 3ain, Autocare, K.K. Road Maudahapara, Raipur, Tah. & Distt. Raipur (C.G.) The New India Insurance Co. Ltd., Through Divisional Manager, Divisional Office No.-l, Kachahai Chowk, Jail Road, Raipur (C.G.) Miscellaneous Appeal under Section 173 of the Motor Vehicle Act. 1994 nt-h ^ •s- .w^i qn ftths ''?;, ;T a^l^f 'sS^Nr WTCT fr;"-t RTO, gi'diti'iiti, F'3|^l']-iy ._...^A^........1^.\............ 3tI^?I'^% ('yf! Tanw^ftasn^T S.B. Hon'ble Shri Justice N,K, 12.11.2009 Shri SC Verma with appellant. Heard on admission. This is claimant's app^al for enhancement of the compensation against the award dated 29 The facts briefly stated while going from Raipur to ^Rfewtf 'wwS^is^ f^v ^SifWSIT^t Aaarwal hri Aditya Khare with, Advocates for the 06.2006, passed by the Xllth Additional Motor Accident Claims Tribunjal (FTC), Raipur (for short 'the Tribunal) in Claim Case No. 75/06. &s under: The claimant's son nanjiely Virendra Kuamr Sahu, on 10.04.2005 imga by Minibus bearing registration No. CG-04-ZA-0468, met with ^n accident with the Dumpher (Truck) bearing registration No. CG 104-3151, as a result of which, Virendra Kumar succumbed to the inju[;ies sustained in the said accident. The claimants, i.e. unfortunate parents of deceased, aged 42 and 46 years respectively, by filing a claim petition under Section 166 of the Motor Vehicles Act (for short 'Act,1988') against the respondents, claimed Rs.14,25,0007- as compensation for death of their unmamed son in the said accident. i The Tribunal, on a clo^e scrutiny of evidence lecPSy the parties and the material available on|record, awarded a sum of Rs. 3,27,000/- as total compensation for the death of Virendra Kumar in the said 1 •+ \^. 'fe ~*08SSSf! Wti.l W ft-fi* wnsn^wqw fs ^; ^i^M-lj, yTJiy.TO, Tsl^wy ^^1 ^Wfil ^'-ff%..^ft-<^- gn^s; -v (yi'3<i^) wnre^fCT s^v. +wi<-i''!'!+WRS ^ 'fyzl' •rfsnw' ^aifWallin accident alongwith interest @ 7.5 percent per annum from the date of application till its recovery. The only submission made by Shri Verma, learned counsel The Tribunal assessed month and Rs. 36,000/- perj appearing for the appellant i^ that the compensation awarded by the Tribunal is on lower side and ijieserves to be enhanced. 1 have heard the coun^el appearlng for the appellant and also perused the record. jthe income of deceased at Rs. 3000/- per annum, 1/3rd of it has been deducted Wi^T towards personal expenses o|f deceased and annual dependency was assessed at Rs. 24,000/-. Sijice the appellant was unmamed son of claimants, the Tribunal ap|3lied multiplier of 13 and assessed compensation of Rs. 3,12,0(|0/- towards loss of earning, by adding further amount of Rs. 5000^ towards funeral expenses, Rs. 5000/- towards loss of estate andi Rs. 5000/- towards loss of love and affection, the Tribunal awarded total sum of Rs. 3,27,000/-. In view of above, and in the facts and circumstances of the case, as the learned Tribunal has rightly assessed the monthly income of the deceased, applied appropriate multiplier for the purpose of awarding just compensation, in the considered opinion of this coutt, the Tribunal has not committed any error inj passing the award impugned. In the result, the appeal being devoid of substance deserves to be and is hereby dismissed at .adcnission stage. §d/- j N.K. Agrawal Judge ;^~<<T^FTT?IT^—?:S/95—-li/200;-—) .Oii.OOO.