^ HIGH COURT OF CHHATTJSGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRS RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SSNHA, J. AppeiSants (CSajmants) Respondents Misc. Appeal (C) No. 1154 of2007 1 Kirit Ram s/o iate Shri Dwaja Ram, age 58. 2 Bhelahin Bai @ Bundi W/o Kirit Ram, age 53. 3 Jagdish Prasad s/o Kirit Ram, age 33 yrs. 4 Santoshi d/o Kirit Ram, age 15 yrs. 5 Kaushlaya d/o Kirit Ram, age 20 yrs. Appeltant no.4 is minor hence through her father/ natural guardlan appeliant no.1. Ail r/o. Hardi-Bazar, Tah. Katghora, Distt. Korba. VERSUS 1 Santosh Kumar Yadav s/o Sugriv Yadav, age 34 yrs, r/o Dipka, Tah. Katghora, distt. Korba. 2 Prahalad Kumar Agrawal, S/o Suraj Mal, R/o near UCO - Bank, Charoda, distt. Durg. 3 United Insurance Co. Ltd. Through Divisional Manager, Divisionai Office, in front of Maharshi Vidya Mandir, Main Road, Korba, Distt. Korba. Appeal under Sectlon 1T3 ofthe Motor Vehicles Act. 1988 Present: ' Shri Amiyakant Tiwari, iearned counsel for the appellants. None for respondent No.T. Shri Sudhir Agrawal, learned counsel for respondent NQ.2. .^. Shri Dashrath Gupta, learned counsel for respondent No.3. ^ ORDER yih (1Ttn September, 2009) The foilowing order of the Court was passed by Rajeev Gupta, C.J. Shri Amiyakant Tiwari, learnedcounsei for th,e appellants is heard on admission. 2) The appellants are seeking enhancement of the compensation awarded by Additionai Motor Accidents Claims Tribunal; Katghora, District Korba (for short 'the Tribunal'), vide award dated 20.04.2007, passed in Claim Case No.209/2007. 3) As against the compensation of Rs.70,00,000/- claimed by the appellants/ claimants, unfortunate parents, brother and sisters of deceased Santosh Kumar Jaiswal, by filing a claim petition under Section 166 of the Mptor Vehicles Act, for his death in the motor accident on 11.11.2004, the Tribunal awarded a total sum of Rs.5,80,260/- as compensation aiong with interest @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri Amiyakant Tiwari, tearned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.5,80,260/- only. 5) The Tribunal assessed the income of the deceased at Rs.14,148/- per month. By deducting 70% of the income of the deceased following the dictum of the Apex Court in the case of Donat Louis iyiachado & Ors. Vs. L. Ravindra And Oth&rs, 1 ^ w'^:i& ^ ^. .£...« reported in 2000(1) T.A.C. 208(SC), towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.50,932/- per annum. By multiplying the annual dependency of Rs.50,932/- with the muttiplier - of 11 the compensation was worked out to Rs.5,60,260/-. By awarding further sum of Rs.20,000/- under other heads, the Tribunal awarded a total sum of Rs.5,80,260/- as compensation along with interest @ 7 % per annum. 6) On due consideration of the submissions of learned counsel for the appellants and in view of the cf/cte of the Apex Court jn the cases of Donaf Loufe Machado & Ors. Vis. L. Ravindra And Others, (Supra) and Munlcipal Corporation of GreaterBombay Vs. Laxman lyer and another, reported in (2003) 8 SCC-731, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 7) The appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is liable to be dismjssedand is hereby dismissed summarily. SdA QuefJustice njmml Sd/- Sunil Kumar Sinha Judge 1