HIGH COURT OF CHHATTISGARH AT BILASPUR DIVIS80N BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRi SUNIL KUMAR SINHA, J. Misc. Appeal (C) No. 1066 of2008 APPELLANTS OriginaS CIalmants Naveen Patel, Age - 49 Yrs. S/o Late Premji Bhai PateS (Father of Deceased) Smt. Savitri Patel, Age - 47 Yrs. W/o Shri Naveen Patel (Mother of Deceased) Dhawal Patel, Age - 16 Yrs. S/o Naveen Patel (Brother of Deceased) R/o Meeral Sanitation; Behind Amit Saies Corporation, Fafadih, RAiPUR (C.G.) RESPONDENTS Origina! Non- Applicants Versus Jaipal Singh S/o Sureendra Singh, C/o Bombay Orissa Road Lines, Chokara Nala, G.E. Road, RAIPUR (C.G.) (Owner - Truck No. CG-04- ZC-5431) Dhanpat Rai Ranmille S/o Shri Pyrelal Ranmille, Ptot No.27, Popular Society Naka No.10, Wadl Near Check Post, Amraoti Road, NAGPUR (M.S.) (Drlver of Truck No. CG-04-ZC- 5431) The Orientat Insurance Co. Ltd. Through : Sr. Divisional Manager, DMsional Office No.1, Madina Buiiding, Jai! Road, RAIPUR (C.G.) (Insurance Company of Truck No. CG-04-ZC-5431) Covernote No. 428219 Period - 01.09.2005 to 31.08.2006 V'...; 4. Bhimraj Solanki, age - 57 yrs. S/o Monaji Bhai Solanki Kumharpara, Fafadih RAIPUR (C.G.) (Owner: Toyata Quaiis Car No. CG- 04-A-7511) 5. The Oriental Insurance Co. Ltd. Through : Sr. Divisional h4anager, Divisiona! Office No.2 ilnd Fioor, Chawla Comptex Sai Nagar, Devendra Nagar Road RAIPUR (C.G.) (insurer: Toyata Qualis Car No. CG- 04-A-7511) (Pol. No. 2006/5482) Period - 04.11.2005 to 03.11.2006 Memorandum of Appeal under Section 173 of the Motor VehidesAct.1988 Present: Shri S.S. Rajput, iearned counse! for the appefiants. ORDER (8thAugusS,200S) The foliowing order of the Court was passed by Rajeev Gupta, C.J. Shri S.S. Rajput, learned counsel for the appellants is heard on admisslon. 2. This is claimants' appeal for enhancement of the compensation awarded by the Twelfth Additional Motor Accident Claims Tribunal, (F.T.C.), Raipur (C.G.), vide award dated 13-03-2008, passed in Claim Case No.24/2007. 3. As against the compensation of Rs.40,00,000/- claimed by the unfortunate parents and brother of deceased Miral Patei for his death in the motor acddent on 02-07-2006, the Tribunal awarded a totai sum of Rs.5,10,671/- along with the interest @ 7.5% per annum, from the date of filing ofthe ctaim petition till the date of actual payment. 4. Shri S.S. Rajput, learned counsel for the appeilants vehemently argued that the Tribunal has erred in assessing the Income of the deceased at Rs.56,500/- per annum; in selecting the lower multlplier of 13; and in awarding low compensation of Rs.5,10,671/-only. 5. The claimants adduced copies of the income-tax returns of the deceased disciosing his annual Income from the business at Rs.54,660/- and 56,460/-. The Tribunal, therefore, assessed the income ofthe deceased from business at Rs.56,500/- per annum. 6. As the assessment of the income of the deceased by the Tribunal Is based on the income-tax returns adduced by the ciaimants in evidence before the Tribunal, we do not find any infirmity in the assessment of the income of the deceased by the Tribunal. 7. The Tribunai has been quite liberal in deducting the usual 1/3rd on!y towards the persona! expenses of the deceased. In fact, as deceased Miral Patel was unmarried and would have been married in due course, after his marriage his contribution to the parents would have reduced substantially. 8. The multiplier of 1 3 seiected by the Tribunal is rather on the higher side, in view of the dictum of the Apex Court in the case of Miini'cipal Corporation of Greater Bombay Vs. Laxman lyer and snother, reported in (2003) 8 SCC - 731, wherein it was held that ^f in those cases where the ctaimants are parents of the deceased, the muitiplier shoutd never exceed 10. 9. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the assessment of the income of the deceased or the claimants' dependency by the Tribunal or the muitiplier selected. 10. The appeai, therefore, is iiable to be dismissed and is hereby dismissed summariiy. Sd/- Chief Justice subbu Sd/- Sunil Kumar Sinha Judge