HIGHCOURrOFCHfclAmSGARUArBlLASPUR DIVISIONBENGH CORAM: Hon'ble Shri Jagdish Bhalla Ag. CJ & Hon'bleShriDilipRaosahebDeshmukhJ. APPELLANTS iCLAIMANTS} RESPONDENTS NONAPPLICANTS. M. A. (Cl N0.760 OP 2QQ7 1. Smt. Kunwar Bai Yadav W/o Lafe Agnu Ram, ^ed about 32 years 2. E)eepak Kumar S/o Late Agnu Ram, Aged about13years 3. Dinesh Kumar S/6 Late Agnu Ram, Aged abeutOSyeare 4. Jageshwar S/o late ^nu Ram, Aged about05yeara 5. Rakesh Kumar S/o Late ^nu Ram, Agedaboiit OSyeare Applicante No.2 to5 are minors.Through Natural Quardian Moflror Smt. Kunwar Bai Yadav W/o Late Agnu Ram All are R/o Vfflllage - Baroda, P.S. - Berla, Tehsil - Ctemdha, Dist : Durg (C.G.), presently residing at Maa Karma PraUimik Shala Parisar, Tattiiband, Raipur, Dist.: Raipur (C.G.Y Vs. 1. Mohammad Matesood Slo Mohammad"Minazir,Agedabotrt30 years, Caste - Musalraan, WO Rot No. 31, NearBagmare House, Tekanaka, P:S.—JareepHarwa,Dist:Nagpur- (lyi.S.) Di-iver of Truck No.C.G.04J- 8634— 2. Baghwant SinghS/o Niran|an Singh, Aged about 40 years Caste -Sikh, Tnrougli - Satsangh Road Lihes, Tekanaka.BabaBudhajlNagw, KampteeRoad, Nagpur-(M.S.) OwnerofTruckNoJe.G.04J-i 3. National Insurance CompanyLtd. Nagpur, Maharashtra Through— National Insurance Company Akash Ganga, Supela, Bhilai, Tehsil & Distt: Durg (C.G.), Policy No. & Year 28110W31/05/630Q0014226 period 2_- 20.12.2005 to 19.12^{X»,Poliey issued byNational Insurance company Ltd. Vardhman Nagar, Nagpur (M.S.) - -Insurer of Truck No. C.G.04J-8634— Miscellaneous Appeal under Sectton 173 of Motor Vehicla Aet Present: Shri Hanuman Prasad, counset for the appellants. ORAL ORDER (PassedonlO"' July,2007) The following oral order of the Court was passed by Dillp Raosaheb Deshmukh, J. Heard. This appeal by the claimants being the widow and foiu (ninor sons arises outofthe award dated28.02.2007passed by the Motor AccidentClaim Tribunal, (F.T.C.) Durg (hencefbrth the Tribunal') in Claim Case No.09/2{X)6 whereby in a case of accklental deaUi of Agnu Ram, aged about 40 yeare, a coolie, the Tribunal has awarded Rs.3,43,800/- as compensation. Learned counsel for the appellante assailed the impugned award only on two grounds. Firstly, that the compensation awarded by the leamed Tribunal uncter conventional heads is too low, and la^ty the monthly Income of th&deceased assessed by the Tribunat is also on the lower side. No other pointwasurged, Having considered the submissions made by toamed counsel for the partfes, we have perused the impugned avrard. Deceased Agnu Ram was working as a coolie. The Tribunal, after proper appreciation of etfictence and record assessed daily income of the deceased i®Rs.100/-, monthty income as Rs.2600/- and eorrectly applled multipltor <rf 16. Besides this.the Trtounal also awarded compensation underthe following tieads:- a. Lossofdependency Rs.3,32,800/-. f -3 b. Funeraleiqsenses Rs.2000/- c. Loss of love and affection for minor chitdren Rs.4000/-. d.LossofConsortium Rs.5000/- Total Rs.3.4330(W-. In this raanner, we are ofthe considered opinion that the compensation awarded by leamed Tribunal is just and reasonable. Appeal belng devold of merit is dismissed at the stage ofadmission ttself. Sd/- Ag.ChiefJustTce Sd/- Dilip Raosaheb Deshmukh Judge Karuna '^ ^ r