^'s^^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHAmSGARH M.A.fONO. W 12007 ft, APPELLANTS CLAIMANTS 1. Sunder Lal, S/0. Girjaram, Aged 45 years, ^y/ sKM 2. Rajkumari, W/0. Shri Sunder Lal, aged about: 42 years, 3, Rishi Kumar, Wd/0. Deepak, Aged about: 22 years, 4. Oinkumari, Wd/0. Deepak, Aged about: 21 years, ^g. Bhuvneshwari, D/0. DeepakKumar, Aged about : 4 years, Through : Legal guardian her mother Rishi Kumari, Wd/0. Deepak ilt'. '•^.y' A, All are by Caste : Patel, All are R/0. Village : Sendripali, Police Station : Bhupdeopur, Tahsil: Kharsia, District : Raigarh (C.G.) VERSUS '•'i.- RESPONDENTS 1. Keshdhar Pal, S/0. RamdasPal, Aged about: 30 years, . R/0. : Village : Nataipur, Distt : Bhadoe (U.P.) (Driver of the offending Vehicle) 2.^. Sunil Agrawal, S/0. Gopal Agrawal, Aged about: 39 years, R/0. : SunU Transport Service-75 /B, Amar Mahal, Tilak Nagar, Chembur, Mumbai (M.S.) (Owner ofthe ofleuding Vehicle) The New India Insurance Co. Ltd. Mumbai, Through : New India Insurance Co. Raigarh, Distt. : Raigarh (C.G.) (Insurer of the offending Vehicle) APPEALUNDERSECTION 173 OFMOTOR VEHICLE ACT. FOR ENHENCEMENTOF AWARD DATBD 30.10.2006 ::i:..; M,uwa '\ .-, HjGJiCOURT OF JUDLCATURE CHHATTISGARH : BILASPUR 'BLE SHRI H.L. DATTU, CJ & 'BLE SHRI V.K. SHR1VASTAVA, J. APPELLANTS APPEAL (0 N0. 218 OF 2007 Sunder Lal & Others Versus Keshdhar Pal & Others Present: Shri P.K. Patei, Counsel for the appeilants. None for the respondents. (Passedon19tnFebruary,2007) ; The following oral order of the Court was passed by Vijay Kumar Shrivastava, J. This is an appea! filed by appellants/claimants under Section 1 73 of the Motor Vehicles Act, 1988 (henceforth "the Act, 1988") for enhancement of compensation against the award dated 30-10-2006 passed by First Additional Motor Accident Claims Tribunal, Raigarh, (henceforth "the Tribunal") in Claim case No.50 of 2006, whereby appellante have been awarded a compensation of Rs.4,48,000/-. 2) The factual matrix of the case, in brisf, is that on 24-8-2005 at about 4.15 pm Deepak Kumar Patei (since deceased) was going to Kurru Bhata by his motoreycle bearing registration NO.CG-13-E-2243 on the way respondent No.1 Keshdhar Pal (driver) driving the truck tanker bearing registration NL-01-A-7208 (henceforth "the offending vehtele") in a rash and negligent manner dashed the motorcycle, resuitantly Deepak Kumar Patel sustained injuries and succumbed to those. 3) Appellants for award of compensation ciairning themseives to be lega! representatives of the deceased Deepak Kumar Patel fiied an appiicaSion under Sectlon 166 of the Act, 1988 against the driver, owner and insurers of the offending vehicle. They are respondents No.1, 2 and 3 herein respectlveiy. 4) Respondents No.1 and 2 remained ey. pane and did notcontested the claim whereas respondent No.S/lnsuran.ce Company contested the 5) Learned Tribunal after evaluating the evidence awarded tion in favour ofthe appellants as beiow: S.No. Head 1. Dependency Medicai Expenses/ <[:. 4,08,000=00 5,000= 4. 5. Ti'ansportatson Funera! Expenses Loss of Estate Love and affection Tot 5,000=00 5,000=00 10,000=00 15,000=00 >) Learned counsel for the appeiiant contended that the deceased was not assessed properiy and towards funera! expenses and loss of estate sufficient amounts have not been awarded by the Tribunal. 7) We have gone through the record. There is no legai eviden.ee to prove the monthiy income of the deceased, however, Tribunal accepted Rs.3,000/- per month towards his income and accordingly by applying correct muitlplier assessed the loss of dspendency Rs.4,08,000/- and sympathetically allowed an amount of Rs.5,000./- towards funeral expenses and an amount of Rs.5,000/- towards toss of estate. Gowri 8) in view of the above, we are of the considered opinion that the findings recorded by the Tribunal is neither pen/erse nor iliegai, which may cal! for any interference, therefore, the appeai belng devoid of substance deserv'es to be dismissed and .is accordingly dismissed in jimine. No costs. Sd/- ChiefJustice Sd/- V.K.Shrivastava Judge