@ HIGH COURT OF CHHATT!SGARH AT BILASPUR DIVISION BENCH CORAM: HON‘BLE SHR! RAJEEV GUPTA, C.J. & HON’BLE SHRI SUML KUMAR SINHA, J. Miscellaneous Appeal (C) No.1 14 of 2008 APPELLANTS 1. Smt. Sakina Khatoon, aged about 24 years, W/o Late Shri La! Mohammad @ Lalji, 2. Ku. Mariyum (Minor) aged about 6 years. 3. Ku. Rukhsar (Minor) aged about 4 years, 4. Mo. Sahban (Minor) aged about 8 years. (Appellants no. 2 to 4 all are the children of late Shrl Lal Mohammad @ Lalji, through their natural guardian (Mother) Smt. Sakina Khatoon, W10 late Lal Mohammad @ Lalji, R/o Near the house of Anwer Contractor, Lalu Ram Colony. T.P. Nagar Korba, Diett. Korba (C.G.) Versus RESPONDENTS 1. Vijay Shanker Yadav, aged about 45 years, S/o Shri Basant Lal Yadav (Vehicle Driver) R!o Gopigunj, P.S. Bhdohi, Distt. Mirzapur (U.P.) Present Address - Renukut Good Carrier, Parivahan Nagar, Korba, Distt. Korba (co) 2. Renukut Goods Carrier, Head Office 17/6, Mathura Road, Faridabad (U.P.) Adress through —- Shri Ashok Das, Manager, Renukut Goods Carrier, Branch Office, Parivahan Nagar, Korba, Distt. Korba (C.G.) 3. Jone Manager, National Insurance Company Limited, Jone Office, Laxmi Nagar, Delhi, Address through Branch Manager through National lnsurance Company Limited, Minoo Complex, Kosabadi, Korba, Distt. — Korba (C.G.) Misceilaneous Appeal U/S 173 of the Motor Vehicles Act, 1988 Present: Shri M.K. Baeg, Ieamed counsel forthe appellants. ORDER (29m September, 2008) The following order of the Coui’t, was passed by Rajeev Gupta, C.J. Shri MK. Baeg, learned counsel for the appellants is heard on LA. No. 01/2008, an application for condonation of delay in filing the appeal. 2. On due consideration, LA. No. 01 12008 is allowed and the delay in tiling the appeal is hereby condoned. 3. Shri MK. Baeg. learned counsel for the appellants is heard on admission. 4. The appellants are seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Korba vide award dated 28-042007 passed in Claim Case No. 118/2006. 5. As against the compensation of Rs.25,35,000/- claimed by the claimants, unfortunate widow and minor children of deceased Lal Mohammad @ Lalji by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 23-01-2004, the Tribunal awarded a total sum of Rs.5,50,000/— as compensation along with interest @ 9% per annum from the date of the filing of the claim petition till the date of actual payment. 6. Shri M.K. Baeg‘ !earned counsel for the appéllants vehemently argued that the compensation of Rs.5,50,000/- awarded by the Tribunal is too low in view of the fact that the claimant/widow of the deceased was aged about 24 years only and the three minor children were aged 8 years, 6 years & 4 years only. 7. The claimants pleaded that deceased Lal Mohammad @ Lalji used to eam Rs.4,200/- per month as cleaner on the Truck. The Tribunal assessed the income of the deceased at Rs.4,000/- per month and Rs.48,000/- per annumr As the assessment of the income of the deceased by the Tribunal is almost the same as was pleaded by the claimants, we do not find any ground for interference in the assessment of the income of the deceased by the Tribunal. 8. The claimants’ dependency also has been rightly assessed by the Tribunal by deducting the usual 1/3” of the income of the deceased towards his personal expenses. 9. The multiplier of 16, selected by the Tribunal is rather on the higher side, in view of the dictum of the Apex Court in the case of New India Assurance Co. Ltd Vs Kalpana and others, reported in 2007 ACJ 825, wherein the multiplier of 13 was found to be appropriate for the deceased who was aged about 33 years. 10. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of 5¢3 x mmml the assessment of the.income of the deceased or the ctaimants’ dependency by the Tribunal or the mumplier selected. 11. The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Sunil Kumar Sinha Sd/- Judge Chief Justice