'W&Sh B -aaB;^ ^ asaisas o^ e8 ^ •^s s T non'bie ShrLBiiJB Raosaheb Deshmukh, J. &A.(CS N0.1 SSTof 2088 1. ^. Smt. Sushila Nayak W/o Sunderiai Nayak, aged about 46 years. Sunderlai Nayak S/o Late Givind Nayak, aged about 50 years. Ku. Rashmi Nayak D/o Sunderiai Nayak, aged about 20 years. All R/o Utkal Basti, Near A!j Kirana Shop, Jai Vihar Coiony, Thana Telibandha, Raipur, Tahsil and District Rsipur (C.G.) Versiss Prem Kumar Singh S/o Ram Avatar Singh, aged about 30 yeare, Occupation Dumper Driver, R/o Viiiage Chhedikhedi, Thana Mandir Hasoud. Tahsi! and District Raipur (C.G.) D. S. Construction Limited through Managing Direotor, Teiibandha Chowk, Thana Telibandha, Raipur(C.G.$ i.C.i.C.I. Lombard through Branoh Manager, Branch Office, Lalganga Shopping Maai, G.E.Road, RaipurSC.G.) Sisceljaneous aopeal under Section 173 ofthe Motor tehidesAct, 1994. r^resent Shri A. L. Singroul, counsei for the appeilants. Heard on i.A.No.1, wnich is an appiication for condonation of deiay in fiiing this appeai. (2) For the reasons mentioned in the application, it is allowea and the delay in filing thls appeal is condoned. (3) Heard on admission. (4) The appellants/claimants are parents and 20 year oid sister of the deceased-Ajit Lai Nayak who was aged 18 years and had met an accidental death on 26-07-2C'07 due to the collusion with Dumper bearing Registration NO.C.G.-04-ZA-2301 driven by respondent No.1, owned by respondent No.2 and insured by respondenf No.3 on the date of the accident. The Tribunai has assessed monthly income of the deceased at Rs.3,000/- and applied multipiief 6T /f;y\ f^^.i s '^^.^/ '-^^g-^-^y^' 2-- Tumnne 13 after deducting 1/3 fro'r' the income of the deceased towards personal expenses. The Tribunal has awarded compensation of Rs.3,37,000/- under the foliowing heads:- toss of dependency Funera! expenses Loss of iove and affection Loss of estate Rs.3,12,000/- Rs.5,000/- Rs.15,000/- Rs.5,000/- Rs.3,37,000/- (5) The sole ground urged by learned counsel for the appeltants in this appeat is that the Tribunai ought to have taken the monthly income of the deceased at Rs.7,000/- per month as stated by appeliant No.l/ciaimant on oath before the Tribunal. (6) Having considered submission of learned counsel for the appellanis, 1 have perused the impugned award. The Tribunal has in para 18 and 19 given cogent reasons for disbelieving the evidence of Sushila P.W.1 regarding monthly income of the deceased v'/ho was aged only 18 years and for assessing the monthly income of the deceased at Rs.3,000/-. In this manner, compensation awarded by the Tribunal does not call for any enhancement. (7) There fe no merit in this appeai which is accordingly dismissed at the stage of admission. ' T77---—— Dilip Raosaheb Deshmukh Judge