7u3f ^wwif, ®^<H'|(S,Rirti'yy •WRW •s^K-W-fi'-^-'^'^,-^------^ 200^— an^?T'qiR; (Tpf^5W) c^ an^rya (<;-<[=ti TTSTT STT^T 5b*licft ^aiwofei sii^i APPELLANTS: CLAIMANTS RESPONDENTS: -^ersus- 1. (Appeal under Sec D.B.: - Hon'bleShriLC.Bhad Hon'ble Shri Sunil Kurtiar Sinha. JJ. 30-7-2007:- ttit<<t<n<fl*i -ITR^ff T?,fit^ <Fqt$i< ^SlfOTSII^I 1. 2. 2. 3. Fulkunwar, W/o Chainu @ Chungu, Aged about 40 years. Chainu @ Chungu, S/o Late Shambhu Ram Gond, Aged about 45 years. Both are the residents of Village Siyadehi, Post Arroda, Tahsil & District Dhamtari (C.G.). Gopi Ram, S/o Narad Gond, ^ed about 20~years, R/o Village Siyadehi, Post - Arroda, Tahsil & District Dhamtari (C.G.). J.R. Banjor, S/o Dulrava Banjor, Aged about 60 years, R/o Village Harftarai, Tahsil & District Dhamtari (C.G.) The Oriental Insurance Co. Ltd., Near Adareh Bal Mandir Balak Chowk, Tahsit & District Dhamtari. Son 173 ofthe M.V. Act, 1988) 00 & XI-HC—78 'S^s ^IIAfl^, BiTfl.H'Ko, R|(r>iy^< Nt*1rtt *<41* "WI. 200 SD^TWfeTW 'cWI 3D^I sb>li+ VHifHHW iw^ an^r IR^ (1pfg?5?) ^tITWflfOT SII^I -d- Shri Vh/ek Rathore, couijisel Shri Abhishek Sinha, of respondent No.3. Copy of memo of appea) ' As the appeal is being| being small point involved in th( by the Insurance Company on| tiie way forfinal adjudication of]that Advocate is served on counsel for respondent No.3. disposed of at the admission stage Hself ! matter, however, if the appeal is preferred other ground, this order shall not come in appeal on its own merit. Oral order dictated on DWs beeh L.C. Bhadoo. J. The appellants who ar^ Loreek Ram have preferred thi^ being aggrieved by the award] Motor Accidents Claims whereby leamed Tribunal ha^ Rs.1,83,000/- with interest. This appeal has compensation amount on the| applied as also income of dec^ the lower side. Hawng heard learned award. In paras-21 and 22 conclusion that the deceased His income has been deceased was working as assesteed Ko<>li tti><l^<rt<H*l iTFRTf '^,^E^ <r<q<^K ^? sifOT 3Tr^]i for the appellante. s, is directed tb take notice on behatf mother and father of deceased namely, appeal under Section 173 of the M.V. Act, dated 7-5-2007 passed by the AddiUonal Tribi|inal, Dhamtari, in claim case No.130/06 ha^ awarded compensation to the tune of filed for enhancement of the said ground that multiplier has wrongly been iased Loreek Ram has been assessed on ccfunsel for the parties, we have perused the |of the award, Tribunal has come to the |was eaming about Rs.1500/- per month. at Rs.1500/- per month since the ;ot>|j on the tractor. Normally labour hardly XI-HG—78 3wT ^W^^ »Tf1y'l<o, (s|?iiyy< fffW shNlcb •Wl, 200 sf^v ?;r R-i(<<i '^air afn^r'aTqN? Barve an^?r TBR; C^?f^5?T) ?^IRR iifer sntw -r?- consittered Tribhnal gets working about 20-25 da( regular, therefore, the Tribun^l as income of the deceased, expenses and dependency h^is ftherefore, weare ofthe the deceased and dependenq)' Coming to the quesflorj thetimeoffiling oftheclaim rie) 40 years and age of the fath^ has been applied by the attached with MV Act for ag< applies, therefore, we are ofttle entitled for enhancement to Rs.1,95,000/- instead of Rs.1 ,i Accordingly, the appes|l amount is enhanced by Rs.121 awarded i.e. claimante are entjtled for interest @ 6% per Sd/- L.C. Bhadoo Judge ctil*f[("l4l*liclt»Rff^^^ <^tt^l< ^7 STfilt 31I^?T fs'ma month and the said workingjs not 1 has rightly assessed Rs.15(X)/- per month I, 1/3"1 has been deducted as personal is been assessed at Rs.1 ,000/- per month, opinion that assessment of income of by the Tribunal is not perverse in any way. of multiplier, it is admitted positton that at ^tition the age ofthe mother (claimant) was sr (claimant) was 45 years, multiplier of 14 whereas as per the second Schedule group in between 40-45 multiplier of 15 considered opinion that the claimants are extent. The claimants are entitled for i.OOO/-. is allowed to that extent. Compensation [0001-on e award of Rs.1,83,00)/- already forRs.1,95.000/-. They shall also be lirinum onthe saidamount w.e.f. 12-5-2005. r ^ "-'—^———— Sd/- Sunil Kumar Sinha Judge that ,$3,1 entitled