IN THE HIGH COURT OF IUDICATURE AT BILASPUR CHHATTISGARH W, 1 _ M.A. N0. /3'W9\ @004 ’JJ/ ’ Ramakant Prasad Gupta S/o. Shri Jeevan Prasad Gupta, Aged about 46 years, R/o. Village Wadrafnagar, PS. Basantpur, Post Wadrafnagar, Distt. Surguja (C.G.) ‘APPELLANTS Ramjilal Yadav S/o. Shivlal Aged ahout 23 years R/ 0. Village Barti, PS. Chalgali, Distt. Surguja (C.G. VERSUS éRESPONDENTS : _/1/] Rambahadur iCLAIMANTs S/ o. Triveni Aged about 40 years Jr af 5’fg§t Kunwar W/o. Rambahadur, Aged about 36 years, 0th R/ 0. Village Bisalpur, RS. Biharpur (Chandani) Tahsil Surajpur, Distt. Surguja (C.G.) y/r, APPEAL UNDER SECTION 17§6E MOTOR VEHICLE ACT ' . ) y HIGH COURT OF CI-II-IATTISGARH AT BILASPUR S.B: Hon’ble Shri Prashant Kumar Mishra . M. A. N0. 542/2004 APPELLANTS : Ramakant Prasad Gupta & another Versus RESPONDENTS : Rambahadur & another Appearance' u ‘ Shm Mane] Paranjpe counsel w1th Shr1 Vlkram D1X1t, counsel i for the appellants APPEAL U/S 173 OF MOTOR VEHICLES ACT ORAL ORDER (16.07.2010) s Heard on admission. (2) This appeal under Section 173 of the Motor Vehicles Act has been preferred by the owner of Bus No. C.G.-15/ZA/0275 which was involved‘ in the accident causing death of deceased, Babairam, who Ii was riding a bicycle on the road between Village Vishalpur to Village - Choipada on 8/05/03. (3) The claimants claimed Compensation of Rs.f1,2l,000/- on the submission that the deceased was aged about 17 years and was a brilliant student. He used to earn Rs.2000/— per month from agriculture and labourer. 1 (4) The claims tribunal has recorded a finding that the deceased ‘ was aged about 15 years and 5 months and that he was an average hstudent. However, relying on the judgment of.M.P. High Court in the case of Smt. Sugan Bai Vs. Subhas (2003) 2 M.P. Weekly Note 136, the claims tribunal has allowed compensation of Rs.l,‘5«1,000/-. Ajccording to the tribunal, since in the judgment relied by the claimant, for death of a 16 year old girl, Rs. i 1,50,000/— was awarded, 1n the present case Rs.1,50,000/— would be fair and reasonable compensation because the deceased was a boy of 15 years of age, (5f ‘ True it is, that the learned claims tribunal has not apportioned the heads on which the compensation has been made admissible and awarded a lump sum award of Rs.1,50,000/- yet keeping in View the fact that from the mark sheet of the deceased he appears to be a average student belonging to the Other BackWard Class and that even if the notional income is taken as Rs. 15,000/- per year by seeking guidance from the second schedule under Section 163-A of the Motor Vehicles Act, the amount of compensation awarded by the claims tribunal does not appear on higher side. (6) Further, the claims tribunal has awarded interest @ 6% only for an accident which took place in the year 2003; therefore, for this reason also the amount awarded appears to be just and proper. (7) There is no groundfor interference in this appeal. The appeal therefore fails and is hereby dismissed. (8) M.C.P. No. 716/2504 is also disposed of. . m