6' HIGH COURT OF CHHATTISGARH AT BILASPUR DIV1SION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & 1 SUN1L KUMAR SiNHA, J. iscellaneous Appeal (Ct No. 954 of 2008 1. Lakhan Bariha, S/o Guharu Bariha, Caste - Binjhwar, aged about 39 years 2. Smt. Dharmotin Bariha, W/o Lakhan Bariha, Caste - Binjhwar, aged about 36 years 3. Ku. Jivantri Bariha, D/o Lakhan Bariha, Caste - Blnjhwar, ag< about15 years 4. Guharu Bariha, S/o Chamru Bariha, Caste - Binjhwar, aged about 60 years 5. Shanti Bai Bariha W/o Guharu Bahira, Caste - Binjhwar, aged about 55 years (Appeilant No. 3 being minor on behalf of through her legal guardian Father the appellsnt No.1 Lakhan Bariha) All R/o Village - Rampur, Police Station - Plthora, Tehsil & District Mahasamund (C.G.) 1. Mohammed Maneer Khan S/o Mohammed Majeed Khan, R/o Premdiha, Police Station - Khalsi, Distt. Lakhisara (Bihar), Present R/o Janendra Sinha Ka makan, Near Vyas Talab, Birgaon, Raipur, District - Raipur (C.G.) (Driver of Vehicie Truck bearing registration No. C.G. 04/J 1318) \ .^^ffiiteS ..i^.... •',<-'•—- ^i. I 1 Ek S ^: •.y" .-a ^•^— 2. Smt. Sangeeta Sinha W/o Shri Janendra Sinha, R/o Near Vyas Talab, Birgaon, Raipur, District - Raipur (C.G.) (Registered owner of Vehicle Truck bearing registration No. C.G. 04/J 1318) 3. The New India Insurance Company Limited, Through Divisional Manager, Dlvisionai Office, Madina Building, Jail Road, Raipur, Tehsil & District-Raipur (C.G.) (Insurer of Vehicle Truck bearing registration No. C.G. 04/J 1318) Memorandum ofAopeal under Sectlon173 ofthe Motor Present: Shrl Dharmesh Shrivastava, learned counset for the appellants. th The following order of the Court was passed Shri Dharmesh Shrivastava, learned counset for the appellants is heard onadmission. 2. This is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (forshort 'the Tribunal') vide award dated 10-04-2007, passed in Claim Case No. 125/2006. 3. The claimants, unfortunate parents, sister and grand-parents of deceased - Shanti Lal Bariha, claimed compensation of Rs.38,10,000/- by fiiing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident when the Tractor bearing registration No. C.G. 06 Z.D. 2095, in which he was '2^; N traveliing was dashed by the offending vehicle - Truck bearing reaistration No. C.G. 04 J-1318, resultlng in his instantaneous death on the spot itself. The claimants further pleaded that deceased - Shanti Lal Bariha was aged about 20 years and used to earn Rs.5,000/- per month as Head Mechanic in Shri Ram Auto Mobile, Jhalap. 4. The owner and driver of the Truck did not contest the claim and were proceeded ex parte before the Tribunal. The insurer of the Truck contested the claim and denied its liability to pay compensation to the claimants on the plea that the driver of the Truck was not holding a valid driving licence; and the Truck was being plied in breach of the policy conditions. 5. The Tribunal on a ciose scrutiny of the evidence led before it held that deceased - Shanti Lal Bariha died on account of the injuries sustained by him in the motor accident on 09-05-2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle - Truck; as the offending vehicle - Truck on the date of the accident was insured withthe New india Insurance Company Limited, the Insurance Company was iiable to pay compensation to the ciaimants. 6. The Tribunal assessed the income of the deceased at Rs.3,000/- per month. By deducting 1/3rd of Rs.3,000/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.2,000/- per month and Rs.24,000/- per annum. By multipiying the annual dependency of Rs.24,000/- with the multiplier of 12, the compensation was worked out to Rs.2,88,000/-. By 4 w 'V awarding a sum of Rs.2,000/- towards the funerai expenses, the Tribunal awarded a total sum of Rs.2,90,000/- as compensation to the claimants for the death of deceased - Shanti Lal Bariha in the motor accident. The Tribunal further directed payment of interest 6% per annum on the above amount of compensation of Rs.2,90,000/-from the date offiling ofthe claim petition till the date of actual payment. 7. Shri Dharmesh Shrivastava, Searned counsel for the appellants vehemently argued that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and In assessing his income at Rs.3,000/- per month only; in selecting the lower multiplier of 12; and in awardlng tow compensation of Rs.2,90,000/- only to the claimants. 8. True, the claimants pleaded that deceased - Shanti Lal Bariha used to earn Rs.5,000/- per month as Head Mechanic in Automobile Workshop, but the evidence led in that behalf was not of clinching nature. In the postmortem report, deceased - Shanti Lal Bariha was shown as aged about 17 years only. It is difficult to believe that a boy of 17 years would be employed as Head Mechanic in Automobile Workshop and would earn Rs.5,000/- per month. 9. !n this state of evidence, we do not find any infirmity in the finding recorded by the Tribunal assessing the income of the deceased Rs.3,000/- per month. The claimants' dependency also has been rightly assessed by the Tribunal by deducting the usual 1/3 of the income only towards the personal expenses of the deceased. 'i8iaasi. w 10. The multiplier of 12 selected by the Tribunal is rather on the higher side, in view of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC - 731, wherein it was held that in those cases where the claimants are parents of the deceased, the multipiier should never exceed 10. 11. For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the income of the deceased or the claimants' dependency assessed by the Tribunal or the multiplier selected. 12. The appeal, therefore, is iiable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- SunU Kumar Sinha Judge subbu x