A PPE LLANT N APPLICANT NO . 2 - VERSU$ ’ N £1 képLLxCANT o. t ‘ a /Schcal Kerba Tah. and Eistt. ¥ Korba (c.g.) . gmérA‘a. UNDER SECTIQN m3 «f MOTOR VEHICLE ACT 1988.; z m lumsmnBench ’9 £1; JSanJeev kumar Thakur s/o Pramsingh Thakur ageé A28-year5 .R/a M.P.E.Bo Colenixarba east Distr": Kerba (c. g.) 3.. V v.8. Thakur s/e late Khumain / V Singh aged 45 years, k/o Near Kali rampl‘e??? Pedibahaw, ‘ Kesa—badi Kerba Tami and Eistt'. Korba (mg. 2. Smt. Inmm Thakur w/o Pramsingh Thakur, aged 4o years ,‘R/o Near Kali Tample " ?odibahar Kosabadi Korba Eaht‘i‘ and'lDistifi‘ Karba (e G.) r w g. Rajvinder singh Thakur s/o ' Pramsingh Thakur, age§ 26 Years, § ' R/c Peéibahar‘ néar Nirmél IN THE HIQ€ COUu-ET OF JUDICATURE AT BILASPUR ‘C G.) HIGH COURT OF CHHATTISGARH, BILASPUR‘ CORAM: Hon’ble Shri LM. Quddusi, J. 8. Hon’ble Shri Prashani Kumar Mishra, J. NLA; Na.605 of 2003 -Sanjeev Kumar Thakur Versus U.S. Thakur and others. APPELLANT RESPONDENTS MISC. APPEAL UNDER $ECTION 173 OF THE MOTOR VEHICLE ACL 1988 Appearance: Shri Srikumar Agrawal, Senior Advocate with Shri Anand Kumar Gupta, counsel for the appellant. ORAL ORDER ( 1011 21201 0) . Following oral Order of the Court was passed by l; M. Quddusi. J. This appeal has been filed against the impugned award of Motor ’9 Accident Claims Tribunal dated 04/03/2003 passed ins Claim Case No. 67/99, awarding a compensation of Rs.3,20,000/- to the claimants i.e. parents of the deceased who died in accident in motorbike No. MP. 26 I B/1 872. The vehicle was not insured by the insurance Company. (2) The brief facts of the case are that on 26l02/1999 deceased Rajendra Singh was going with Rajvinder Singh/respondent No.3 in motor cycle bearing registration No. M.P.26Bl1872. The vehicle was being 'driven rashly and negligently by Rajvinder Singh, which caused the accident near Government College Kosabadi Rajgamarg Road, Korba resulting injuries to Rajendra Singh and he was taken to Hundred Bed Hospital, where he died during course of treatment. The deceased being ‘ only son of the ciaimants flied claim petition claiming to the tune of Rs.75,25,000l—. (3) Learned counsel for the appellant has urged thatthe accident has taken due to the reason that one Tata 407 collided towards rear side of the motorcycle due to which the motorcycle collided with a tree and the pillion rider/deceased was having iron rod with him, but in the written statement nothing has been said except that the Tata 407 of which no registration number has been given collided with the motorcycle at the rear side. (4) The owner/appellant tried to establish a new story which is not in the written statement, by producing a witness regarding possession of iron rod with the deceased/pillion rider, but that is quite a new story which cannot be believed and as such the finding given by the Tribunal cannot be interfered by this Court. (5) With regard to quantum, we have seen that the deceased was a bachelor aged about 22 years. No proof of his earning has been tiled, however taking into consideration his earning as Rs. 3,000/— per month i.e. Rs.36,000/- per year and if deduction is made @ 50% the annual loss of dependency comes to Rs.18,000/-. The average age of the parents is 42.5 years and therefore a multiplier of 14 would be applicable. Thus, after applying multiplier the total amount comes to Rs. 2,52,000/- as loss of dependency. Besides this. the parents are entitled to get Rs.5.000/— ' each for loss of loveand affection and Rs. 5,000l- for loss of estate and Rs.2,500/- for funeral expenses. Thus, a total Rs.17,500l— towards all other heads is counted towards toss of dependency which comes to Rs.2,69,500/—. (6) ‘ ln view of the above, the Tribunal has assessed the amount of ‘ loss of dependency in excess. 1\” ._ 3F (7) in view of the above, we allow this appeal in part and modify the impugned award to the extent that the claimants would be entitled to get total compensation of Rs.2,69‘500l-. The claimants would also be entitled to get interest @ 6% from the date of nling of the claim petition till its payment is made. of 4%?“ / TA’ Sdl- \K ‘ Kumar " M7 Prashant 1V§lshfa Judge " :l Judg e