c IN THE HIGH COURT OF JUDICATURE AT (^ •^ BILASPUR fC.G.) ^z@6/@ M.A.(C)No. 'OF 2008 /Radha Bai Sahu W/o Lt. Anand Ram Sahu / AppellanV: yelaimants ^ J g.^-'^^.aged about 45 years . R/o Village-Potiakala, Durg -^^S-^"^-'" Tah.-& Distt. Durg (C.G.) ••"^'•-~~> l.^'\. ' ^''^S^ Q,---"'^ ^e^^" Vs, 't^" Respondents : )river) J) Hukumchand S/o Moti Ram Jangdhe / age about 33 Years.R/o Village- Thakurtola, Tah.- &, Distt. Rajanandgaon (C.G.) (Q^ner) ^Riteshkumar Jain S/o Kevalchand Jain, /' age about 40 years R/o Pachpedhi Naka, Raipur, Distt. Raipur (C.G.) (Insurer) ^^3) The Oriantal Insurance Co. Ltd.,Registred office ashif Ali road, New Delhi.Through Divisional Manager ,Division Offic Rajendra Park chouk,Durg, Distt. Durg (C.G.), Branch Office Stationroad Parakhbhawan, Durg (C.G.). APPEAL UNDER SECTION 173 OF MQTOR VEHICAL ACT- 'ffl^i^itew ^'•"<SiiSa»lltell«*»!?n^u«l«!t- •Tq,o'fll'y'is, f' ,'vi'A Cc') ^o . /^-66 sii^n TR?T ('j?^^) TOiiwaregan^i Shri'J.S.P. Chandrasen, co| Heard on i.A. No.Ol, applic] ^1 days in preferring the appeal. 2. On due consideratlon. 1 ari succeeded in expiaining the cai^e of delay in flling the appeal. Therefore, the application is allov^ appea! is condoned. 3. Heard on admission. 4. This is ciaimant's appeal for ^nhancement of compensation in the award dated 19-02-2009 in claim Additionai Motor Accident Claims referred to as 'the Tribunat'). 'lh^UiWW/-, t-i <»ii<<ici<fl-i MW<A' 'tf tsIA 'd^nsR ^stRinsnt^ jnselforthe appeiiant. ;ation for condonation of delay of 1 satisfied that the aDpeliant has ed and the deiay in preferring the case No.120/2008 passed by V! II 'ribunal (F.T.C.), Durg (hereinafter amount ciaimed by the clalmant unfortunate widow of deceased Andnd Rarn Sahu who died on 07-05- 2008 account of accident which d ctaimant is widow of the dsceased fi! ccurred on 05-05-2008. The oniy sd an applicafen underSection 166 1 of the Motor VehicEes Act (hereinafter referred to as 'the Act') ctaimins Rs.3,86,000/- as compensation. The Tribuna! on a close scrutihy of the evidence led, assessed the income of the deceased as Rs.36,0^0/- per annum since the deceased; was of the age of 55 years at the Sfme of accident as @er postmortem •WesSi SilKi It!pn<RKT3RTi?fra—FS/95—11 /2B08—1,00,000. ^. zn^iwinw wnan^raCTw TSE[ ^|i(|<»|^, ©fl|y<!S,fafll^y TV\ .fi CC) «^o.•|2-^^ Sil^F'qiTO (1pf3^q) 7 - 8. qOTteqt;[-WRlf •it'fs'A'rfW?R ^?3TRnsiit»T report, the multjp'ier of 11 has deducting 50% towards persoifia Rs.1,98,000/- has been av/ard^c transportation expenses, Rs.1000/- the loss of consortium, Rs.2,500/- funerai expense has also been a\ Rs.2,09,500/- has been awarded. 7. Shri J.S.P. Chandrasen, appeilant would submit that the comj shockinglv on iower side.. 8. Having heard learned counstsl having perused the impugned awanp, amount awarded by the iearned compensation. The incorne assess^ reasonable and therefore, no fauit 9. !n view of the above, the a; dlsrrsissed as motion stage. applied by She Tribunal; after expenses, totai amount o' d. In addition Rs.1,000/- for for medical expenses, Rs.5000/- for 'or !oss of estate and Rs.2000/- for Thus the total amount of itcain i^arned counse! appearing for the >ensation awarded by the Tribunal is |sl appearing for the appellant and am of the consideration that the Tribunal is iust and reasonabie |d; muftipiier applied is aiso just and be found in the award. ^peal is liable to be and is Sd/- N.K.Agarwal Judge Ba^r**IErtK^M, U IkTl' A ^r^ ^^''^^l^^'-Sw^rJ"s^f^f^-ir 'V^^l ^'-^f ff^vSff V^t-'.WiTei—;;S/95—11/2GOX—1 ,(}0,000. fv