\^' HSGH COURT OF CHHATTISGARH: BILASPUR Single Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. Appellant Non-applicant No.3 Respondents Clajmants Non-applicantNo.1 Non-applicant No.2 M.A.C. No.1496 of 2008 The New India Assurance Company Pvt. Ltd. Through ~ Divisional Manager, Shaf3dot (M.P). Versus 1. Shri Bhaiya Lal Gond, aged about 35 years, S/o Late Dukhusingh Gond, 2. Smt Sonmati, aged about 30 years, W/o Bhaiyalat Gond, both are resident of Vilfage Jogipur, Tahsil Kota, -Distt. Bitaspur (CG) 3. Chandrabhan Singh, S/o Bhagwat Singh, aged about 25 years, R/o Village Samarda, Police Station Rahendragram, Distt Anuppur (M.P.) address No.2 Village-Kota, behind bus stand, P.S. & Tahsil Kota, Distt. Bilaspur(CG) (Driver - Tractor No. M.P. 18 A.A./2684) 4. Shivnarayan, aged about 40 years, S/o Shri Rambhiari Village-Amgawa, Tahsil- Pushprajgarh, Distt. Aunppur (M.P.) IVIiscellaneous appeal underSection 173 of the IVIotor Vehicles Act Present: Shri A.K. Athaley, counsel forthe appeilant ORAL ORDER (Passedon 18.11.2008) Heard on admission. (2) The appeltant/insurer is aggrieved by the award dated 29.08.2008 passed by the 1st Additional Motor Accidents Ciaims Tribunat, Bilaspuf (henceforth the Tribunal1) in claims case No. 331/2007, whereby in a case of accidental death of a chitd namely Anup Singh, aged 11 years, the Tribunat has, while awarding compensation of Rs.2,25,000/-, granted right to the insurer to recover the compensation paid by it from the owner ofthe offending vehicle i.e. respopdnent No.4. (3) Learned counsel for the appellant has made two-fold submission. It was urged that the Tribunal had no jurisdiction to entertain the appiication for compensation under Section 163-A of the Motor Vehicles Act siooe accident had.occurred in Madhya Pradesh. Lastly, it was urged that the compensation G^^i ^-<- .2 ^ awarded by the Tribunal ought to have been restricted to 51,500/- as held in the case of Orientat Insurance Co. Ltd. Vs. Sved Ibrahfm & others 2007 AIR SCW 6197. (4) Having heard the submissions made by the learned counsel for the appellant, 1 have perused the impugned award. The claimants are residents of Village Jogipur, Tahsil Kota and District Bilaspur. Under Section 166 (2) of the Motor Vehicles Act, the Claims Tribunal within the local limits of whose jurisdiction the ctaimant resides has jurisdiction to entertain the application. Thus, there is no merit in the first limb offhe arguments. (5) in Syed Ibrahim (supra) the accident had occurred on 24.11.1994. Considering the steep fatl in the value of money and the dictum of the Supreme Court in Maniu Oevi and another Vs, Musafir Paswan and another 2005 ACJ 99 and a decision rendered by a Division Bench of this Court in Govind Prasad Tamrakar and another Vs. Mohan Lat and others 2007 (1) ACCD 68 (CG), it is held that in a case of death of a non-earning chiid, compensation of Rs.2,25,000/- awarded by the Tribuna! is just and reasonable. Priya (6) In this view of the matter, the compensation awarded by the Tribunat cannot be faulted with. There is no merit in this appeat-^hk±Lls_accordlns dismissed at the stage of admission. i Sd/- DiUp Raosaheb Deshmukh Judge