V Single Bench: HIGH COURT OF CHHATriSGARH: BILASPUR Hon'ble Shri Dilip Raosaheb Deshmukh, J. Appeliants Applicants Respondents ^lon-appji^nts I.A.C.No.789of2007 1. Smt Gayatri Devi Pawar, aged 57 years, W/o Shri Laxman Singh 2. Shri Laxman Singh Pawar, aged 59 years, S/o Shri Raghunandan Singh 3. Shri Santosh Singh Pawar, aged 33 yeare, S/o Shri Laxman Singh, All R/o Gram-Post; Jail Tah-Kota Versus 1. Ikaram Hussain, aged 36 years, S/o Shri Ahmad Hussain, r/o Kasinagar: Niharika Road: Korba, Distt. Korba (CG) 2. Anoop Kumar Nathani, aged 37 years, S/o Shri Sheeta! Das, R/o M.V. Market: Near Busstand: Distt. Bilaspur (CG) 3. The On'ental Insuranoe Company Ltd, Through Branch Manager, The Oriental Insurance Company Ltd: Branch Bilaspur, High Court Road: Bilaspur (CG) Appeai for enhancement of award under Section 173 pf the IVIotor VehiclesAct.1988. Present: Shri Anurag Shrivastava, counsel for the appeliant. None appears for respondent No.1 & 2. Shri Sudhir Agrawal, counsel for respondent No.3 ORAL ORDER (Passedon 18.11.2008) This appeal is being disposed of finally at the stage of admission with the oonsent ofthe parties. (2) Heard finally. (3) In this appeal by the claimants for ^nhancement of compensation of Rs.1,90,000/- awarded by the 1 Motor Acoidents Claims Tribunal, Bilaspur (henceforth the 'Tribunal') in claims oase No.324/2006 by award dated 28.02.2006, the sole ground urged by the learned counsel for the appellant is ttiat the Tribunal ought to have assessed the monthly income of the deceased at Rs.3,000/- instead of Rs.2,500/-. C^yi-^a.—2_. .-•2 •2-2^ Priya (4) Learned counsel for the respondent No.S/insurer argued in support of the impugned awarcf. (5) Having heard the rival contentions, I have perused the impugned award. Daily income of the deceased at Rs.100/- assessed by the Tribunal is not in dispute in this appeal. Therefore, the Tribunal ought not to have restricted the working days of the deceased at 25 and shouid have assessed the monthly income of the deceased at Rs.3,000/-. If the monthly income of the deceased is taken at Rs.3.000/-, yearly income comes to Rs.36,000/- and after deduoting 1/3 amount towards the personal expenses of the deceased, toss of yearfy depencfenoy comes to Rs.24,000/-. Since multiplier 8 adopted by the Tribunal is also not in question in this appeal, total loss of dependency is assessed at Rs.1,92,000/-. Adding to this Rs,30,000/- towards compensation under other conventional heads awarded by the Tribunal which is also not in dispute in this appeal, the totat compensation works out to Rs.2,22,000/-. , (6) In the result, the appeal is allowed, The oompensation awarded by the Tribunal is enhanced from Rs.1,90,000/- to Rs,2,22,OOQA^—--—---- ^bDesb^kh .1 ^^w^^