:nRAM •IDN'RI F Sl'Sarf'i^ IBfcaSn ^S i iTH ^n^lljsnf ^-ip^s;^<al§ usaimam C.hampa Bai, wife of iate Rad'ney Shyam, Caste - Gada, Occupation - Dependent, aged about 40 years, resident of viliage Utter Regaon, Tehsii Gharghoda, District - Raigarh (CG) KesDona iJ, son or uauia, uasie - Uraon, Occupation - Agriculturist and ovvner of the vehicie, aged about 6( years, resident of Viliage Utter Regaon, 'r^ WiUHSWV 2. Ghurau Ram, son of Palau Ram, Caste son, aged about irs, Occupation - Vehide Driver, resident of Viilage Mudagaon, Tehsil Gharghoda, District Raigarh (CG) 3. The Oriental Insurance Co. Ltd., through Branch K4anager, The Orienta! Insurance Co. Ltd., Itwari Bazar, Rainarh i'CR'i r\S^M^E s a •tliscsllane ^^&Sjfcg^^rft X ^n.^. ?SS!wii^S& i?^^i< Present: Shri Sanjeev Banjare, Isarned counsel for ^ *" ^ JI-- ^ppSiii Shri B.N. Nande, learned counsel for respondent M—^ N0. !. None for respondent No.2 though serve Shri H.F. Agrawal, tearned counsel on sihi lu' Rsi ihalf of Shri ent No.3. ^ .^-o ^ E!?^: •vf ^a' The follov/ina order of the Court was passed bv Appeilant - Champa Bai, unfortunate mother of deceased i.m Duiare, is seeking enhancement of the compensation srded by the Motor Accident Claims Tribuna!, Raigarh (f short 'the Tribunal') vlde award dated 01.05.2007, passed in CIa'm Case No.32/'2006. 2) As agalnst the compensation of Rs.12,33,000/- clalmed by the gppellanU clalmant by nung a claim petition under Section 166 of the Motor Vehicles Act, for the death of her son Ram Dulare in the motor accident on 1 1.04.2005, the Tribunal awarded a tots sum of R.s.2,12,000,'- as compensatlon alon; :9H ;0/n per annum from the date of Tiling of th-s ciaim petition tili the date of actual pavment. 3) Si Sanieev ianiare, ieamed counsel for the appe'la submitted t'nat the Tribuna! has erred in deducting 50% of the income of the deceased towards his personal expenses; in selecting the lo'A'er multiplier of 16; and in av'/arding iov/ compensation of Rs.2,12.000/- only. 4) • Shri H.P. Agrawal, learned counsel appearing on behaif Shri Raj Awasthi, ieamed counsel for respondent No.3 the Oriental insurance Companv Limited, on the other hand t ..^r."^'-" •t-.. "^>. supported the award and contended that the Tribunal has been .-s' 'y 'S-'h-' in awardina substantial compensation of Rs.2.12,000/-. 5) ^i l",3:^:. Barjo Ram, the owner of the offending vehicle also supported the awara. 3) The claimant herseif pleaded in the ciaim petition that her son Ram Du'are used to earn Rs.2,000/- per month. As such; the ciaimant cannot have any legitimate grievance in regard io the assessment of the income of the deceased by the Tribuna! at Rs.2,000/- per month. 7) The deduction of 50% of Rs.2,000/- towards the personal expenses of the deceased also cannot be found fauit vvith in view of the fact that there were only two persons dependant on the income of the deceased i.e. the deceased himseif and his mother c'aimant Champa Bai and in view ofthe dictum ofthe Apex Court in ;ase or sy nea ir c< s) The multiplier of 16 selected by the ' the hiaher side considerina that the sole c! was snown 10 De aaea 4l 9) -For the foregoing reasons, we do noi enhancement of the compensation awardi > the accident. find any scope >d bv the Tribi 'ih. ,s^ .^rf" either on account of the assessment of ths income of the deceased; claimant's dependency; orthe multiplier selected. 10) The appeal filed by the appellanV cteimant for inhancement of the compensation, therefore, fails and is hereby dismissed. 11) No order as to costs. Sd/- Chief Justice nimm' Sd/- R.N. Chandrakar