. f ^ W THE mGH COURT OF JUDICATUBE AT BILASPUR CHHATTISGARH MISELLANEOUS APPEAL (C) N0. - I •L-i OF 2009 (MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 198S) APPELLANT ^LAIMANT ^:::^-^ p.;a»s"le ..^ ^ :sgc RESPONDENTS N-CLAIMANTS 'ChanduIaI Dhruv, aged about 50 years, a, S/o Shri Derharam Dhrc.v, R/o- Purani iasti, Raipur, District - Raipur (C.G.) VERSUS 1 .^ Bharatram Sahu , S/o Baldau Sahu, R/o - Village - Khudasha, Post - Parsadakala, Police Station - Fingeshwar, District - Raipur (C.G.) 2,. Satyanarayan Yadav, S/o Banwari lal Yadav, R/o - Fingeshwar, District - Raipur (C.G.) The Oriental Insurance Company Limited, through Divisional Manager, Divisional Office, Chawla Complex, Devendra Nagar Road, Sai Nagar, Raipur, District - Raipur (C.G.) MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 ^f:''! .'.;.^a;. ^ HIGH COURT OF CHHATTISGAreH AT BILASPUR APPELLANT RESPONDENTS .A.(CtNo.834of2009 Chandulal Dhruv, aged about 50 years, S/o Shri Derharain Dhruv, R/o Purani Basti, Raipur, Diatrict Raipur (C.G.) Versus 1. Bharatram Sahu, S/o Baldau Sahu, R/o vyiage Khisdaste, Post - Parsadakala, Police Station - Fingeshwar, Distriot Raipur (C.G.) 2. Satyanarayan Yadav, S/o Banwari lal Yadav R/o Fingeshwar, District Raipur 3. The Oriental Insurance Oompany Limited, through Divisional Manager, Divlsional Office, Chawla Compiex, Devendra Nagar Road, Sal Nagar, Raipur, Distrtet - Raipur (C.G.) APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT.1988 (Sinaie Bench: Hon'bie Mr. NX. Aaarwal. J.) -Present : Shri S. Pandya, counsei for the appellant. None for respondents No. 1 & 2, though served. Shri Ajay Mishra, counsel for respondent No.3. ORAL ORDER (Passed on 15th day of March,2010) The instant appeal is filed by the appellant/claimant for seeking enhancement m the award dated 22-12-2008 passed in claim case Nos.56/2008 by Tenth Addittonal Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') whereby and whereunder an amount of Rs.2,71 ,OOW- has been awarded in favour of the rippellanVclaimant along with interest @ 6% per amium from the date of application. » 2. The facts briefly stated are as under: On 01-05-2008, Ashok Kumar (since deceased) i.e. son of appellant/claimant while going by his motoicycle bearing regisfration No. C.G. 04-C/5456 from Chhura to Saragaon, mrt wth an accident wfth matador bearing registration No. C.G. 04-G/212S and succumbed to the injuries sustained in the said accident. 3. By filing a claim petition under Ssctton 168 crf the Motor Vehicles Act (for short 'the Act"), ctaimed compensatlon of Rs.15,00,000/- for the death of his son in the sajd accident against the respondents. 4. Leamed Tribunal on a ctose scrutiny of the ewdencc led, material placed and submissfons made, awarded a sum of Rs.2,71,000/- as compensation along with interest @ 6% per annum from the date of application to the claimant andas against the respondents. 5. Learned counsel appearing for the appeltent would submit that the amount awarded by the leamed Tribunal is shockingly on lower side and deserves to be suitably enhanced. 6. I have heard leamed counsel for the partes and peru^ the award impugned. 7. The leamed Tribunal on appreciation of evi<tence hsid respondent No.1 responsible for the said accident; asses^d the income of the deceased as Rs.3,000/- per month i.e. Rs.36,0001- per annum; after deducting 1 /3rc^ of it towards the personal expenses of the deceased, assessed the loss of yearly dependency as Rs.24,000/-; looking to the age of the claimant as 50 yaars at tte time of accident, apptied the multipiier of 11 and awarded a sum of Rs.2,64,000/- on account of loss of dependency. The tomed Tribunal has furttier awarded Rs.2,000/- for funeral expenses and Rs.5,000/- for loss of estate and loss of love and affection and thus awarded a total sum of Rs.2,71 ,<KX)t- as compensatton along with interest @ 6% per annum from the date of applicatiw. 8. The learned Tribunal on appreciaUon of evidence hse assessed the income of the deceased as Rs.3,000/- per month i.e. 36,000/- per annum. However, looking to the fact that the deeeased was unmarried son of the appellant and the af^eltant is the onty dependent, the deduction towards peraonal expenses of the deceased appears to be on lower side. Looking to the fact that the h ti appetlant is of the age of 50 yeare at ttie time of accidait and also the father of the deceased i.e. hls unmamed son, multipliflr of 11 has been rightly applied. 9. In view of above, the amount awarded is just and raasonable and does not call tor any interference of this Court. 10. For the foregoing, tte appeal behig devoki of subdancs is liabte to be and is hereby dismissed. g^ N.K. Agrawal Judge fv