HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPEU..ANTS M.A.(QNo. 795 of 2008 1. Mus. Munni Bai, aged about 48 years, widow of Late Jawahar Lal Kenwat. 2. Tejram, aged about 28 years, son of Late Jawahar Lal Kenwat. 3. Kashi Ram, aged about 26 years, son of Late Jawahar Lal Kenwat. All are resident of village Lohsara, P.S. Bijury, Distt. Anuppur (M.P.) Appellant No.1 presently resided at Kanwatpara, Juna Bilaspur, Tahsil and District Bilaspur (C.G.) RESPONDENTS Versus 1. Girja Prasad Giri, aged about 38 years, son of Bhola Prasad Giri, resident of (Permanent) Amarpur, P.S. Bahri, Distt. Seedhi (M.P.) presently resided - C/o Venkat Kumar Kediya, Kedia Company Manendragarh (C.G.) (Driver of Dumper No. CG 12 ZC 0334) 2. Venkat Kumar Khedia, aged about 45 years, son of Radheshyam Khedia, resident of Kedia Company, Manendragarh, resident of Bijuri, Tah. Kotma, Distt. Anuppur (CG) (Owner of Dumper No. CG 12 ZC 0334) 3. The Oriental Insurance Company Ljmited, Kachahri Chowk, Rampur, through - the Divisional Manager, Oriental Insurance Company Limited - in front of High Court of C.G. Bilaspur (C.G.) (Insurer of Dumper No.CG 12 ZC 0334) 1 f Miscellaneous Appeal Under Section 173 ofthe Motor Vehictes Act. 1988 Present: Shri Sudhir Kashyap, learned counsel for the appellants. ORDER (1st July, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Sudhir Kashyap, learned counsel for the appellants is heard on admission. 2. This is claimants' appeal for enhancement of the compensatjon awarded by the Ninth Additional Motor Accident Claims Tribunal, (F.T.C.), Bilaspur (for short 'the Tribunal') vide award dated 09-04-2007, passed in Motor Claim Case No. 101 ^2005. 3. As against the compensation of Rs.22,12,488/- claimed by the widow and sons of deceased - Jawahar Lal Kenwat for his death in the motor accident on 13-05-2005, the Tribunal awarded a total sum of Rs.9,75,000/- along with interest @ 6% per annum from the date of filing of the claim petition till the date of the actual payment. 4. Shri Sudhir Kashyap, learned counsel for the appettants vehemently argued that the Tribunal has erred Sn s'electing the lower multiplier of 8, whereas the appropriate multipljer in the case was 11. 5. The Tribunal on the basis of the evidence led by the claimants including the salary certificate of the deceased assessed his income af Rs.15,000/- per month. By deducting 1/3rd of the income ofthe deceased, the claimants' dependency was assessed at Rs.10,000/- per month and Rs.1,20,000/- per annum. By multiplying the annual ^- ^ / ii "^. ^'a^^- dependency of Rs.1,20,000/- with the multiplier of 8, the compensation was worked out to Rs.9,60,000/-. By awarding Rs.5,000/- for funeral expenses, Rs.5,000/- for loss of consortium to the widow and Rs.5,000/- for loss of estate, the Tribunal awarded a total sum of Rs.9,75,000/- as compensation for the death of deceased - Jawahar Lal Kenwat in the motor accident. The Tribunal also awarded interest @ 6 % per annum from the date of filing of the claim petition till the date of actual payment. 6. The Tribunal on the evidence available on record held that the age of the deceased, on the date of the accident, was more than 55 years. The two sons of the deceased namely Tejram & Kashi Ram were major, aged about 28 years and 26 years. Theonly person dependent on the income of the deceased was his widow, Claimant No.1 - Mus. Munni Bai, who was aged about 48 years. Considering the age of the deceased and his widow, the multiplier of 8 selected by the Tribunal, in our opinion, is appropriate. 7. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 8. The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- Sunil Kumar Sinha judge subbu