S.'".?"i*^EStflp"iS£ ^st:V:^ ^^•Sc^S'!'^ HI6H COURT OF CHHAmSSARH AT BILASfUE DIVISION BEhjCH COSAM: HON'BLE SHRI JA&&ISH SHALLA, Ag. CJ. A u'BLE SHRI MLIP RAOSAHEB &E5HMUKH, J. U.A.fQ No. 744 of 20Q7 1. Smt. Leela Bai Pai W/o Late Shri Lakhan Cl.AIMANTS La' Pa!, agsd about 40 yesrs 2. Ku. Roshni Pal D,'o Late Sh"! Lakha." Lal Psl, aged about 19 year-s 3. Roshan Pal S/o Late Shri Lakhan Lai Pai, (2ged Gbout 17yec.rs 4. Ku. Kiran Pal D/o Late Shri Lakhan Lel pnl, aged about 14years 5. Rakesh pal S/o Late Shri Lakhan La! Pai, aaed sbout 1Q VSGFS 6. Rajendra Pai S/'o Late Shri Lskhan Lal Pal, aaed about 08 years [Appellant No. 2 to 6 being iT!;nor cn behsif of Through their legai gijardian mother the aspeliant No.l Smt. Leeia Bai OnH 7. Laxmi Nsrayan poi S/o Late Shri Nohar Pcl, eged about 62 years 3. Smt. SonvaTi Pal W/o Shri Laxmi Narayan Pal, aged about 60 years A!! R/o- I." front of Chandra Vidya Mandir, Bendri Road, Urla, Poilce Station - Urls, Post - Si.-gecr], Distr'ict - Raipur (C.6.) SESPON&E?^"" : i. Rakesh Pratap Singh S/o ysduvansh NON-CLAI^ANTS PraTap Singh, R/o New Bus Stand, Katni, t5jsfrict - Katni (*A.P.) SanJQy Ti^sri S/o Shri Psrss NGth Tiv/ari, R/o - Jai iSicydurga Transport, Tslabftoad, Satna, District - Sctna (M.P.) The Ns'»v India Insurarica Company Limited, tnrough &ivisjonai Office, Kutcte-y Chowk, Rsipu", Tehsii is Digtrict - Raipur (C.6.) Msmgcflndum?f Angea! undsc Section 173,gf Mctcr Vehic'e Act. 1988 r??.e;^"T Shri Shivsndu Pandya, counse! for the appellont. 1 f^ l/ ORAL ORDER (Passed on 0911' July, 2007) The following oral order of the Court was passed by Dilip Raosoheb Deshmukh. J. Heard. The only point urged by learned counsel for the appellants in this appeal for enhancsment of compensation in case of accidental death of one Lakhan La! Pol aged cbout 40 yearg, whereby flpplying multiplier of !5. the learned Tribunal awarded Rs.4,07,000/- as compensation ;n claim case No. 78/2006, is that the Tribunol ought to have awarded compensation under conventional heads. However, fr-om the impugned award we notice thct claimants / appellants No. 7 A 8 are the father & mother of the daceased aqed about 62 cnd 60 yecrs regpectively. If their average age is taken into consideration, The corrsct multiplier applicable wouid be five. Similoriy, the Tribunal whiie cssessing the compensction, ought to have taken into consideratioR the fact that ciaimants / appellants No. 2 & 4 were daughters of the. deceased, who us'ould hnve got married in a couple of years. In that event also, for agsess!n9 the los3 of dependency of daugbters of the deceased, muitiplier 15 could not have been applied. Therefore, we ors of the considered opinion that Taking into consideration above facts, the amount of compensation Rs. 4,07,000/-, awarded by the Tribunal isjust and reagonable compensation in this case. /." • Accordingly, the cppeal being devoid of merit is dismissed at the stage of cdmission itself. , L SdA Aq. Chief Justice Sd/- DUip Raosaheb Deshmukh Judge