(t— ^ @ ^' IB® BEFORETHE HON'BLE HIGH CGURTOF CHHATfISGARH BILASeUB. M.A.fC) N0. ^'/ " /2007 ABPELLANTS t Gharbharan son of Budhu Ram, caste Kumhar, aged about 50 /^f ^^ Smt. Jagmohan Bai, wife of Gharbharan, caste Kumha, aged about 45 years, RESPONDENTS VERSUS L.- are resident of village Ramnagar, Tahsil Surajpur, District Surguja (C.G.) Basant son of Aniruddh, aged about 40 years, resident of viltage Juna Karkoli, P.S. Bhaiyathan, @isfrict Surguja (G.G.) (Owner of the Traetor & Trollev No. EG 15A/0523, CG 15A/05241 Saijnath aged about 20 years, son of Shri Ram Sai Gond, resident of village Ramnagar, P.S. Vishrampur, Tahsil Surajpur, Distriet Surguja (C.G.) fDriver of tte -^actof—8i.-Trollev- No. GG 15A/0523. CG 15A/0524) The New India Insurance CQmpany Limited, through - the Branch Manager, Raigarh, Distt. 1 2- f€ Raigarh (C.G.) (Insurer of the Tractor & Trollev No. CG J5A/0523, CG 15A/0524) MISGELLANEQUS APPEAL UNDER SECTION 173 OFTHE MOTOR VEHICLE ACT. 1988 r ^ HIGH COURT OF JUDICATURE CHHATTISGARH : BtLASPUR DMSIONBENCH CORAhfl : HON'BLE SHRI WL. DATTU, CJ & HON'BLE SHRI V.K. SHRIVASTAVA. J. MISC. APPEAL {C»N0.278 OF 2007 APPELLANTS Gharbharan & Another Versus RESPONDENTS Basant & Others Present: Shri Sushil Dubey, counsel for the appellants. None for the respondents. ORALORDER (Passed on 28th February, 2007} The following oral order of the Court was passed by Vijay Kumar Shrivastava, J. On 6-5-2005, respondertt No.2 was driving tractor bearing registration No.CG-15-A-(%23 attached with troltey bearing registration No.CG-15-A-0524 (for short " e offoncttng vehicle'). Ammalal (since deceased) and other persons were sitting in the tractor. As a result of rash and negligent driving, deceased fell down from the tractor and came under the wheel af tractor. Deceased sustained in|uries and succumbed to those on the spot. Appellants/ctaimants, who are the parents ofthe deceased, filed an applicah'on under Section 166 ofthe Motor Vehicles Act, 1988 (for short "the Act, 1988') against all the respondents, who are owner, driver and tnsurer of the offending vehicle. Respondents contested the ctaim. First Addifenal Motor Accident Claims Triburral, Surajpur (fof short "ttw rribuoaQafter due enquiry passed the impugned award (teted 31-1-2007 in claim case No.110/05 allowed a compensation of Rs.1,89,500/- in favour of the appellants. Feeling aggrieved the appellante have filed fliis app^il /T7^\ -2-0 under Section 173 of the Act, 1988 for enhancement of ttie compensation amount. 2) L^imed counsel for the appeltants contended that the Tribunal erred in atlowing just and proper compensation. 3) We have gone ttirough the award. Undisputedty Uie deceased was aged 17-18 years who was studying n class X. He was nrt an eaming member, yet the Tribunal considerir^ his assistance availriale to the famfly allowed notional Income of Rs.1,500/- per montti and after reducing 1/3 towards his own expenses recorded loss of income Rs.1,000/- per month, accordingty, annual dependency was Rs.12,000/-. Leamed Tribunal apptying correct multiplier of 15 atlowed a sum of Rs.1,80,000/- towards toss of dependency, Rs.2,000/- towards funeral expenses, Rs.2,500/- towards toss of estate and Rs.5,000/- towards love & affecUon. Finding of fects recorded by the Tribunat does not appear to be perverse or ille^l. We are of the considered opinion that the Tribunal has allowed just and reasonable compensation and that cannot be condemned on any ground. 4) In the result, the appeat being devoid ofsubstance deserves to be dismissed and is accordingly dismissed. No costs. yi / Sd/- ChiefJustice Sd/- V.K.Shrivastava Judge