^ IN THE HI6H COURT OF JUDICATURE AT BILASPUR fC.G.) ^ylslilSS B^iBSl M.A. fC ) N0. / 2007 APPELLANTS / ^--t RESPONDENTS ~7~ » A' Chintaram Sonwani Aged about 45 years S/o.'Late Firanta Sonwani 2,. Smt. Sukhbai, aged 42 years W/o. Chintaram Sonwani Both resident of village Sarona, P.S. Amanaka, Tahsil and District Rafpur (G.G.) VERSUS : >. Trigun Rai, aged 38 years ^ S/o. Nageshwar Rai Resident of through Shrenik Raja Jain, Moti Nagar, Choubey Colony Raipur City, Tahsil and District Raipur (C.G.) 2. Shrenik Raja Jain, son of Shri P.C. Jain, Resident of Moti Nagar Choubey Colony Raipur City, Tahsil and District Rajpur (C.G.) 3. TheNew India Insurance Company ^ Limited, Through Branch Manager, Branch Office Madina Building, Jail Road, Raipur (C.G.) > Santosh Kumar Rawat, son of Bundaram Rawat, Ashok Market Goal Bazar Raipur (C.G.) N^^ MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT. 1988 XI-HC-22 ^ 3^T ^|<qid^, ^Tfl<r1JI(o, (sldl^y 3TT^T +<l^c^l sh^icb ^TqsT^ \i^:'C'0 NO- 1 ^ 3TT^T^T f^Tw^n^T 5b^ich;Hf?cT /""" '^ < ^<<-... ^ ,^} 3TT^T?^TTW^1?cT DB jyon'bje ML_ V.K. Shrivasteva ^ Hoji'bJe Mr,DhJreiidra Mishra, JJ monthiy salaiy of the deoeased to be mentjons that he was entitled for allo^l the deceased was required to go considering the monthly income.'oftt been caJcujated on the presumption o| has been applied. We are of the con impugned award, which may call for ir parents ofthe deceased. Sn the resuit, the appea! being and is accordingly dis^fssed^ Sd/- V.K. Shrivastav& Judge <=t)i^T^41vi ^i^icnT^:tec^'<Ri^i< ^3Tf^TT3TT^T 8-2-2007 Shri Raghvendra Pradhan, coipnsel for the appeiiants. None for the respondents. Heard. This is the claimants appeai (jnder Section 173 of the Motor Vehicles Aot; 1988 as they are unsatisfied vvith the| the death of their son nameiy Dang^ Tribuna! allov,/ed the claim case of| Rs.3,70,000/-. Learned counsel for the appe| monthiy income of the deceased has| not jn accordance with the salary certi| submite that the deceased was a y^i prospeots of his career have not beenj We have heard learned couns^ quantum of award awarded in their favour for sshwar. The iearned i\/5otor Accidents Ciaims the appellants and has awarded a sum of lants submits that in the Impugned award the not been properiy assessed and the same is :icate du!y proved by the cjaimants. He further ung person aged about 26 years and further taken Into consideratjon. ^! forthe appeiiants and perused the impugned award. The salary certificate (Ex-P/^f) re!ied upon by the claimants certlfies the ps.3,000/- per month. The said certi'ficate aiso vance at the rate of R^.50/- per day whenever out of .station on duty. The Tribunai after ne deceased, assessed the yeariy income at R8.36..000/" and a.fter taking 1/3rd tow^rds his own expenditure, the dependency has ' Rs.24,000/- and accordingly a muttiplier of 15 tidered opjnion that there is-no ijlega!ity in the |terference since the appeai is preferred by the [devojd of substance desei^es to be dismissed Sd/- Dhirendra Mishra Judge \v