.-a^sa^s-^ ^ Cfaima; mants 'RI C Kumari Bendrav W/o Late Iswar Lsxamn Bendray Aged - 42 years. Raju Bendray S/o Late Ishwsr Laxman Bendray aged - 20 years. Soth R/o Bhojpur Champa, At present Nayar Golony Darri, Tsh. Katghora District - Korba (C.G.) tenhaiya Lat Kashyap S/o Sri Ram Kashyap Aged about - 30 years, R/o irigahani, Tah- Champa District- Janjgir-Champa (C.G.) Sanwari Lai Shsrma, S/o Sri Ram Nath Sharma R/o Near Nagar Palika Office, Sadar Bazar, Champa, Tah.- Champa Dlstrict - Janjgir - Champa •l -3-/ National Insurance Co. Ltd. Through iranch iVtanager, N.S.C. Sranch IVIeenu Complex, Kosabadi Korba, District- Korba (C.G.) Present: LL U/S 173 Shri Ravish Verma, counse! for the Shri Indrasen sahu, counsei for respondents No.1&2. Shri Q. Aziz, counsel for respondent No.3. ith lowing order of the Court was passs ^. p s a j^ .,?' .-fe is claimants' appea compensation awarded by the Korba (for short 'the Tribunai') passed in Claim Case No.64/2004. for enhancement of the tor Accident Clalms Tribunal, de award dated 29.12.2005, 2) As against the compensation of Rs.43,70,000/- claimed by the appellants/ claimants, unfortunate widow and son of deceased Ishwar Laxman Bendray by fiting a claim petition under Sectlon 166 of the Motor Vehicles Act, for his death in the motor accident on 01.09.2004, the Tribunal gwarded a total-sum of Rs.3,32,000/- as compensation aiong with interest date of filina of the ciaim petit.'on till the 3) Shri, Ravis'n Verma tearned g 6%.per annum from the date of actual payment. counsel for the appellants vehementiy argued that the Tribuna! has erred in assessing the income of the deceased at Rs.60,000/- per annum only; in deducting 1/3 of the income of the deceased tovvards his personal expenses; in seiecting the lower multiptier of 8; and in awarding low adduced in evidence 1 Ishwar Laxman copies of ndrav for compensation of Rs.3,32,000/-. 4) The ciaimants themseives ths Income tax returns of decec the assessment years 2001-2002, 2002-2003 and 2003-2004. The Tribunal on the basis of the income disclosed in those income tax returns assessed the income of the deceased at Rs.60. annum. As the income of the deceased was assessed by the Tribunal on the basis of hjs income shown in the income tax returns, we do not find any Infirmity in the assessment of the income of the deceased by the Tribunai. 5) The deduction by the Tribunal of 1/3 of the income of the deceased towards his personal expenses ateo cannot be fautt with as there were three members in the family of deceased who were dependent on his income. 6) The multlplier of 8 setected by the Tribunal considering that deceased Ishwar Laxman Bendray was 59 years of age on the date of the accident does not suffer from any illegaiity. 7) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the assessment of the income of the deceased or the claimants' dependency by the Tribunal or the multiplier selected. . 8) The appeal filed by the appetlants for enhancement of the compensation, therefore, is liable to be dismissed and is her.eby dlsmisssd. order as to costs. Chief Justice Sd/- SunUKumarSinha Judge subbu