HIGH COURT OF CHHATTiSGARH AT SiLASPUR SinHle Bench : Hon'bte^hFLDLIlB Raosaheb Deshmukh, J. °sl Versus (Claimant) 3. 4. 5. Chhadilal S/o Damrudhar, Aged about 38 years, Resident of Vil!age Chapie, Poiice Station and Tahsil Kharsiya, District Janjgir-Champa (C.G.) Correct District is Raigarh (Suppurddar of the Tractort Sumitra Bai, Wd/o Muratidhar Patel, Aged about 47 years, Ku. Durga Patei, D/o Muraiidhar Patel, aged about 2S years, Parmanand Pate! S/o Muralidhar Patei, aged about 10 years, Ku. Teashwari Patei D/o Muralidhar Patel, aged about 8 years, Respondents No.3 & 4 through their natural guardian mother namely Sumitra Bai Wd/o Muraiidhar Patet, Aged about 47 years, Thannuram S/o Loknath, aged about 87 years, Al! above Resident of Viliage Bhelwadih, At present - Village Masaniyakala, Police Station & Tahsii Sakti, District Janjgir-Champa (C.G.) Milan Kumar S/o Bishatram, Aged about 19 years, R/o Viilage Chaple, Potice Station & Tahsi! Kharsiya, District Raigarh (C.G.) (Driver) (respondenVnon-applscant No.1) Gopa! Prasad Sahu, S/o Kurnjram Sahu, Village Sarkho (Naila) Poiice Station & Tahsil Janjgir Champa. (Registered owner of the tractor) (respondent/non-applicant No.3) H.Y.P. with Mahindra and Mahindra Financial Services Limited, Agrasen Chowk, Bilaspur, District Bilaspur. (C.G.) (Financer ofthe Tractor) (respondsnVnon-appiicant No.4$ Ap_Deai under Section 173 of the Motor Vehicles Act. •V Present: Shri Vikram Dixit, counsel for the appeliant. \.: ^ -2^- \: ORAL ORDER (Passedon this 22nd day ofJuly, 2008) Heard on I.A.No.1, which is an application for condonation of delay in filing thls appeal. (2) For the reasons mentioned in the application, .it is (I.A.No.1) aliowed and the deiay in filing this appeal is condoned. (3) Heard on admission. ^" (4) This is aff owner's appeal. In case of accidental death of one Muralidhar Patel, aged 52 years, the Additional Motor Accidents Claims Tribunat, Sakti, District Janjgir-Champa (henceforth "the Tribunai") has in Claim Case No.24/2007 on 19-02-2008 av/arded compensation of Rs.2,96,000/-. The Trjbuna! disbelieved the evidence ofthe widow relating to monthly income of the deceased from tailoring business being Rs.5,000/- per month and assessed the monthiv income of the deceased at Rs.3,000/- per month oniy. After deducting 1/3 towards personal expenses of the deceased and applying multiplier of 11, the Tribunal assessed loss of dependency st Rs.2,64,000/-. Adding compensation under other conventional heads, the Tribunal awarded total compensation oi Rs.2,96,000/-. (5) The sote ground urged by tearned counsel for the appellant in this aopeal is that the Tribunal ought to have assessed monthly income of the deceased at a lesser amount and ought to have applied lesser multiplier since father of the deceased, aged 87 years was also one of the ctaimants. No other ground was urged. (8) Having considered submission of learned counse! for the appellant, 1 have perused the record. The Tribunal has given good reasons for not ^ C*~aB"fe. ^^ 'a», §i ^es^ i ^. ^^" ^ -^ Tumane -'" •? accepting the testimony of the widow of the deceased that the monthly income of the deceased from tailoring business was Rs.5,000/- and has rightly assessed the monthty income of the deceased at Rs.3,000/- per month. So far as the multipiier apptied by the Tribunal is concerned, 1 am of the considered opinion that in view of the fact that the widow.aged 47 years and three children of the deceased were claimants, the Tribunat has rightly applied multiplier of 11. !n this view of the mattsr, l am of the considered opinion that loss of dependency assessed by the Tribunal at Rs.2,64,000/- cannot be fauted with. So far as the amount awarded by the Tribunal under other conventional heads is concerned, it is not under challenge by learned counse! for the appeliant. In this view of the matter, the compensation awarded by the Tribunal is just and reasonable compensation and does not call for any intsrference in this appeal. (7) In the result, the appeal being devoid of any merit is dismissed. Sd/-- DUip Raosaheb Deshmukh Judge •V \: