I,';?. <£? c\. ^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) M.A. ra /2010 «? APPELLANTS . (Claimants) ^^ r.»''' , 1. Smt. Bhagwati Singh, aged 52 years, W/o. <; Ramadhar Dhurve, Occupation House wife ,2. Ramadhar Dhuve, aged 55 years, S/o. f)^'...^'^- Mukhiya Ram Dhurve, kV'"~ Sf^'" ..-......,-.-...-..-..-, .„ Both are R/o. SE - 386, Near Niharika Talkies, Tahsil and Disrict Korba (C.G.) RESPONDENTS: NQN-APPLICANTS / VERSUS 1,. Uttam Janghel, S/o. Purushottam Janghel R/o. Lodhipara, Hanuman Nagar, Gudiyari, Tahsil and District Raipur (C.G.) 2. Ganesh Prasad Khetan, R/o. Khaitan Building,Moudhapara, P.S. Moudahapara, Raipur, Tahsil and District Raipur (C.G.) ,.3. The Oriental Insurance Company Ltd., Through : Divisional Manager, Division Office No.2, Second Flower, Chowla Complex, Sai Nagar, Devendra Nagar Marg, Raipur, Tahsil and District - Raipur (C.G.) Miscellanceous Appeal under Section 173 of the Motor Vehicle Act. 1994 ^' \0~ \C-78 ^\t> ox ^5ET-i)i«irt<<,t»Til'M<ic»,Rrtitiyt l^h^) ^Jo, /^ 3 /l-^ lo 3IT^9I iracp (ijclijd^) sii^rw R-ii* ?raT3!i^CT**ii* STaTw^if^crsii^n <hl<lld^1^ *fl*frif^"Is'd •((uifSK ^sfKiian^T S.B. Hon'bte Shrl Justice N.K•Aaarwal 26-02^(»10 Shri S.C. Verma, counsel for theappeltants. Heard on I.A. No.01, a( delay in filing the appeal. On due conskjeration, t( application, 1 am satisfied succeeded in explaining the appeat. Therefore, the applicat caused in filing the appeal Is h^ Heard on admission. Feeling aggrieyed and d| compensation awarded In the| First Additional Motor Accidenll short 'the Tribunal') in claim appeal has been Facts briefly stated are a| On 28-10-2008, deceased) i.e. the son of the] Abhanpur to Raipur by registration No.C.G. 04CU/723 accident with Scorpio Jeep bei H.A./8111 and as a result counjsel with Shri Aditya Khare, )plication for condonjrtion of le grounds mentioned in the that the appellants have |cause of delay In filing the tion Is allowed and the delay i^reby condoned. Ijssatisfled with the amount ef |award dated 29-08-2009 by Claims Tribunat, Raipur (for t^se No.8/2009, the fnstant preferred by t|ie appellants/clalmants. KuMip sitti|ig ofwdteh feunder: Singh Dhurve (since jclaimants was coming from on motorcycte bearing }9 as pillion rider met with an ^ring reglstration No.C.G. 04- he died on the spot. i.-^a-.SSBTAtSS^-^-CX^^^ gCTT'<ii«i«<4,tj>Til<ti<i<»,Rrtwy; t^ ^-LL) ^.. l^ ^ 3Tr$?T 'ra?s (^fgsis) 10 3ni?rwR'ii* d2!T31lS?Td;*li* BTaTW^lf&(T3Dt?I \- <»>iolu<i1l*ll*inT^ffe'<Sl •iful+dl'i ^srf^Tsn^sr The appellants/clannant^, the unfortunate parents of the deceased, preferred claint petition under Section 166 read with Section 140 of the (4otor Vehicles Act (for short 'the Act') clalming Rs.23,50.0(|)0/- as compensation for the death ofthe deceased. Learned Tribunal on a material placed and submis^ton made heldrespondent No.1 Uttam Janghel respon^lble for the said accldent; assessed the income of the c annum; after deducting 1/3] expenses of the deceased, ^ssessed the loss of yearty dependency as Rs.24,000/- p^rannum; looklng to the age of appellants; applied the m| Rs.2,40,000/- as compensa^ ipreciation of evklence led, eceased as Rs.36,000/- per ' of it towards personal jltiplier of 10 and awarded m on account of loss of dependency. Leamed Tribun^l has further awarded a sum of Rs.12.500/- on other hea<|ls and thus awarded a total sum of Rs.2,52,500/- along wii from the date of application. Learned counset for th< th interest @ 6% per annum appellant would submit that the amount of compensatfpi|) awarded by the leamed Tribunal is shockingly on lowe|- side and the same may be suitablyenhanced. 1 have heard leamed | counsel for the appeliant, perused the award impugned a|nd record ofthe Tribunal. HWf^\ SPHI^ <d-OT| ^jl^lri^, t»T^'<1<lt»,Rrtltiy m^Cc) <^°. ;^^ ^20 sntsTOTR'ii* cpiTan^CTiCTTO Kvr 3IT^9T qgq? (ijcitgci.s) g^IT8R?lfitT3II^9T ^ The leamed Tribunal ha|s assessed the income ofthe deceased as Rs.3,000/- per| appreciation. of evidence; d^ducted 1/3r<l of It towrards personal expenses of the multiplier of 10; which looking deceased and applied the |to the fact that the claimants are unfortunate parents of thjs deceased and ateo tatong into consideratlon the age oftt^e claimants, in theopinion of this Court, leamed Tribunal h4 the teamed Tribunal has notl irr^ularity in assesslng the air)ount of compehsation. For the foregoing, th4 appeal preferred by the appellants belng devoid of merft is liable to be and is hereby dismissed. <l)l<lfd41'1 *ll*1dT^'lsu3 •(fuit^i'! ^3lRlH3II^aT month which is based on s applied correctly and thus, committed any illegallty or Sd/- N.K. Agarwal Judge ^