IN THE HIGH COURT OF JUDICATURE OF CHHATnSGARH AT BILASPUR z- M.A.(C.) No..l.:^.t?.^-..../2010 (S.B.) ^y^^ ^ ^'^•^1 ^;:-1~- APPELLANTS CLAIMANT S (a ^ .\--" ^ ^^•^" .-^-' [..-••••y' ..->\° .••\-' ...•' ..** &»•• RESPONDENTS : 1) Sankirtan S/o Late Raghunath Aged about 55 years, 2) St. Shakuntala W/o Shri Sankirtan, • aged about 48 years, Both are Resident of Mahuwa Dafai, Haldibadi, Tahsil Khadganwa, District Korea (C.G.) 1) 2) 3) VERSUS Satya Patel S/o Vishikesh Patel aged about 36 years, R/o Panchayat Bhawan, near Kali Mandir, Tifra, Bilaspur District Bilaspur (C.G.) (Driver of alleged vehicle bearing registration No.C.G.lOZB/0511) Smt Maya Devi Agrawal W/o Shri Mahesh Chandra Agrawal,aged about 52 years, R/o Indu Uddayan Chowk, Jarhabhatha, Bilaspur, District Bilaspur (C.G.) (Owner of alleged vehicle bearing registration No.C.G.lOZB/0511) The Branch Manager, The New India Assurance Company Limited, Second Floor, ^- Behind Shriram Trade Centere Rajiv Plaza Bilaspur (C.G.) (Insurer of alleged vehicle bearing registration-No.C.G.lOZB/OSll) MEMO OF APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT 1988. HIGH COURT OF CHHATTISGARH AT 81LASPUR APPELLANTS CLA1MANTS M.A.(C)No.1262 of 2010 Sankirtan & another Versus RESPONDENTS : Satya Patel & others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT SB: Hon'ble Shri Justice N. K. Agarwal. Present : Shri Anil Gulati, Advocate for the appellants. ORAL ORDER (Passed on 03.01.2011) Heard on admission. 1. The instant appeal has been preferred by the appellants for enhancement of compensation against the award dated 28.10.2010, passed bythe lllrd Motor Accident Claims Tribunal (FTC) Manendragarh, Distt. Korea (for short the Tribunal') in claim case No. 27/08, whereby and whereunder an amount of Rs. 1,94,500/- has been awarded to the claimants i.e. parents of deceased Shambhu, aged about 19 years. ; 2. The only submission made by Shri Gulati is that the Tribunal has not considered the monthly Income of the deceased properly, as per him, monthly income of the deceased was Rs. 5000/-, whereas the same has been assessed by the Tribunal at Rs. 3000/- only. 3. Having heard the counsel for the appellants and having perused para 21 of the award impugned, it is crystal clear that h tte absence of any cogent and dhching ewtence adAced by A '^ '•<,' v^^^ the appellants in support of the income pleaded, the learned Tribunal has rightly assessed the month!y income of the deceased at Rs. 3000/- which needs no interference of this court. 4. No other grounds have been raised. 5. In view of above, learned Tribunal has rightly assessed the income of the deceased at Rs. 3000/- per month and has rightly assessed the amount of compensation payabte to the appellants. 6. Accordingly, the appeal being devoid of substance is liable to be and is hereby dismissed at admission stage. Sd/- N.K. Agarwal Judge Sahu