-HC—78 ^^ -^ 1^1^^, t$Tfl^41<S, (ct^l^y ^, ^^......ftl....A:...^...1.3&S/0^ ^ 3TT^T ^^ ( 4<=(f^«l<ST) '3Tf^T ^T f^rii<=h ^T8?T '^IT^T st)*4ich '^RrrwHf^T 3?r^r APPELLANT/: (App!icant) RESPONDENTS/: (Non-appjicants) -^.1__ Snht. Anusuiva Bai. W/6 Madhu fc8 Madho, Ag|sd about 30 y©ars,R,/o Vil'age Odan, P.S. K^sdoi, District - Raipur, At present Si^mani, near Railway Station Korba, C.G. 1. Dil 241 La(<hisrai, Bihar At Kt {D|'iver of Vehicle bearing No. C.G.- ^^ 2. Sr|it. Aasha Devi, W/o Anup Lal Prajapati, l^p Quartsr No.B-144 Dipka Cotony, Nagar D i|3ka Kusunda, District Korba, C.G.) Ki D B^ Al| K4 o€ CM^(<rt<41vl ^s^^T ^* fe^il iF^^K ^ ^tRUT 37T^T -Versus- p Kumar, S/o Naresh Kumar, Aged about ysars, R/o Shivdih, P.S. Kajara, District present Deep Bhavan, Pall Road Dipka, shmunda, District Korba, C.G. 'ZC/1806} {C|wner of Vehicle bearing No. C.G.- 1^ 0/1805} Br|anch Manager. The Oriental Insurance ^mpany Ltd., GitanjaSi Bhavan, Masn Rcad, rba, C.G. ishrath, S/o Ganga Prasad. Aged about 35 y^ars, R/o Mohmadishah Ki Takiya, P.S. srava, District Raibareii, U.P. present behind Grudwara Block rba, C.G. 15 (Qriver of Vehicte bearing No. C.G.- O^'ZC/2504} >hishek Agrawal, S/o Shyamsundar Agrwal, jed about 25 years, R/o Main Road, Korba, <wl. {CRwner of Vehicle bearing No.CG-04/ZC- 04} -HC—78 ^-^c| "4!^l<r>^, ?S>Tf!yi(S, lGJ|<7ii|y^< 'w^ir ^hW^ ......J^A:.C^.A^^.^........•e^ 200 ^T^T^Tf^NT ^f8?T ^ffc^T 5t)Hjc^ f^ 3^r ^r^ (4^?1^<^) ^^iWHi^r^n^r —z- (Misc. appeal under Sectior Division Bench: Hon'bte Shri L.C. Bhadoo & Hcn'bie Shri SuniS Kuniar Sinhal 15-1-2008 :- The deceased namely Raj< 2C-2504. On 18-7-2004, he met | the said truck. The deceased w^ dependent of the deceased, shje According to the claimant, the de{ Rs.4,000/- per month, thereforej was claimed bv her. The Tri( deceased was Rs.2,000/-. It rect' the date of Incident, was in b4i cr»i^i<rt<ilri Ht^<Ml* ^'fecst Tf^5R ^'sffpR 3?i^r 173 of the Motor Vehicles Act, 1988) JJ r the apDetlant. ,nd Shri Rajesh Jaln, counsel f<j Heard on admission. Oral order dlctated on da/sj Sunil Kumar Sinha. J Being aggrieved by the Additional Motor Accidents Ql No.142/2006, the claimant has p< Motor Vehicles Act, 1988 for er|hancement of the amount of compensation awarded by the Tribunal. iward dated 31.7.2007 passed by the 2nd laims Tribunal, Korba in Claim Case eferred this appeal under Section 173 of the •ev Manikpuri was cleaner in truck No.CG-04/ vith an accident while working as a cleaner in unmamed. The claimant Is the sister of the deceased. She used to reside vl/ith the deceased. Claimina herself to be the filed a claim petition before the Tribunal. ;eased whiie workina as cleaner, was earning >n various grounds, a sum of Rs.18.50.000/- unal held that the monthlv income of the >rded a finding that age of the deceased, on ween 40-45 years. Annual income of the deceased was assessed to be j Rs.24,000/- and after deducting half of the annual income, Rs.12,000/- w^s determined to be the dependency of the claimant and using multiplier of 15, a sum of Rs.1,80.000/- was awarded as .^ys^:%. |XI-HC-78 ,xy ^n^T^r ^[<=h cl^TI 3l(^l ?h+4|ch f^ d-C-c| MM^ *NI<h ^1^10^, tS>Tfl'y41^, fsj^l^^i M-A<9 13<S%/flo; ..."fefA-;.<^?....1.3.&..^i^:......,-^ 200 3?R??T ^(^ (^^^) "^TTWHftn ^^n^r -3- loss of income to the claimant. pain & suffering Rs.15.000/- wa; fits.S.OOO/- was awarded for (ast rituals and for lakhs has been awarded by thej the rate of 9% per annum was the date offiling of the daim petijtion. Learned counsel for the income of the deceased has not ^ppellant/claimant raised a point that monthly jbeen properly assessed. been determined and then after) used by the Tribunal holding th^ In the above facts and (ti arguments advanced by learne<S not properly assessed monthly) Sd/- L.C. Biiadoo Judge <^s^I<n^l<i ^i^iT ^1^flr <[^^R ^^tRw'sn^T also awarded. In this manner, a sum ofRs.2 Tribunal to the claimant on which interest at Iso awarded which was to be calculated from We have heard Mr. Rajejsh Jain, learned counsel for the appellant on this point. Perusal of para 15 of t|ie impugned award as also the evidence of Abhishek Agrawal, owner ofthe|vehicle, which was produced before us during the course of arguments, would|show that the owner has deposed that he was giving Rs.500/- per month to th^ deceased and in addition to this amount he was also providing per day fooc( to him. The Tribunal has assessed vide para 15 of the impugned award tt^at on the basis of this evidence it can be determined that on account o|F food Rs.50/- per day was provided to the deceased and in this manner. rhonthiy income of ttie cieceased was assessed to be Rs.2,000/-. It is on this ^vidence, monthly income of the deceased has deductions as above, multiDlier of 15 has been aae ofthe deceased in between 40-45 years. ircumstances, we do not find any force in the counsel for the appellant that the Tribunal has income of the deceased. There is no force in this appeal, same is liable to fcje dismissed and it is hereby dismissed, at the admission stage itself. Sd/- Sunil Kumar Sinha Judge