APPELLANT ^ INTHEHtGKCQlJR^C^€I:IEIAJ^S(3ARH^^^A^^ MANO-''^/so(I^Di^onBench: KESI>ONDENTS ,Wo.Late Sudhir HaIdhar,.agedabout50yeaTS,s, (Neu-Pnver, I^. P.V. 1 Police Statioa Pakhanjoor Dist. Kafflker VERSUS : p Bhim Mandal, S7& Vishwanath < Maiida! R/o P.¥.1 Police Station BakhaaioarDist ^alikervehicle :.DWBer':'^;.-^ K Natioiial InsurajEie|e Co. lAd., Near R.M (NSce^ up oftlte central Baok Jag(}aIpurDist.B^star(|Insurance GompaBy]f T MEMORANDUM OFAI?PEM.t?NDE^ MOT(M¥EmCl^S^€T.198S^ COMPENSATIQN^MWNT fy^v APPELLANT RESPONDENTS 1.A.No.312of2006 Sarojani Haldar Versus Bhjm Mandai & another. APPEAL U/S 173 OF THE VEHICLES ACT. (Slnaie Bench: Hon'ble Ivlr. N.K. Aaarwai. JJ : Smt. Renu Kochar, counsei forthe appeilant. Shri Goutam Khetrapsl, counset for respondent No.2. (Passed on 11th day of February, 2010) Thls is ciaimant's appeal seeking enhancement of compensation in the award dated 12-08-2CX)5 passed by Fourth Additionai IVEotor Accident Ciaims Tribunal (F.T.C.), Kanker (for short .'the Trlbuna!') sn Cfaim Case No.40/2004. 2. The facts briefly stated are as under: On 09-08-1999, deceased Sujlt HaJdar while driving Tractor bearing registratjon No. M.P. 25-B/1387, metwith an accident resujting In his Instantaneous death. 3. The appeiiant mother of the deceased fiied an application under Section 163-A of the Motor Vehicies Act (for short 'the Act') ciaiming Rs.2,86,000/- as compensation against the respondents for the death of her son in the sald accident. 4, Learned Tribunal on ciose scrutiny of evidence led, materia! piaced and submlsss'ons made assessed the income of the deceased at Rs.1500/- per month i.e. Rs.18,000/- per annum; decSucted 1/3rd of tt towards persona! expenses of the deceased; applied the muJtiptier of 10; looklng to the age of the appeilant as 50 - 55 years and thus av/arded Rs.1,20,000/-. The learned Tribunal has further awardted Rs.4,000/- cn other heads and thus awarded a totai sum of Rs. 1,24,0007- for the death of the deceassd, to the appellant agalnst respondent No.1; exonerating the Insurance Company from Its iiabllify to pay compensation for the death ofthe appeilanfs son. 5. Learned counsel for the appellant would submlt that the amount awarded by the iearned Tribunal is shockingly on iovwr side and deserves to be.enhanced. 6. True, the appeilant has pleaded in her claim petition that tfie deceased used to get salary as Rs.2,000/- per month but has faiied to substanti'ate the same by adducing clinching and cogent evidence, and, therefore, the Jearned Tribunal has not committed any error in assessing the income of the deceased at Rs.1500/- per month. The Tribunai has, thus, awarded the amount of compensation to the appeilant as provided under Second Scheduie appended to Section 163-A of the Act. Therefore, It cannot be said that the amount awarded by the learned Trjbunal is on lower sjde. No other points have been ralsed. 7. In view of the above, i do not find any substance in fhe appeal. The appeai being devold of substance is liabie to be and is hersby dismjssed. Sd/- N. K. Agarwal Kvr