TN THE mGH COURT OF JUDICATURE AT BELASPUR CHHATTISGARH €<'• MISELLANEOUS APPEAL (C) N0. - . ^>-<0 OF 2009 g|||g|v ^©^cik (MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988) ^^ APPELLANT CLAIMANT ^•^'^ Smt. Purain Bai, W/o Late Pawan Kumar Sahu, aged about 38 years, ^. [^..••"" Occupation-House Wife, R/o - Village- ..^b:<"J^V"' Sirgidi, Post Pacheda, Police Station, ^s^4^'""Tahsil & District Mahasamund (C.G.) .-'^ \^£{'s') ....•-""^1"-'^ VERSUS RESPONDENTS 1. NON-CLAIMANTS ^ 2. ^ ^- Mohammad Rizwan, S/o Asgar Ali, aged about 25years, Occupation- Driver, R/o - Mudaipur, Police Station Mandata, District Pratapgarh (U.P.) Present R/o Nagpur M.M. Fred Carrier Kamti, District Nagpur (Maharastra) [Driver of vehicle Truck bearing registration No. CG- 04/J/8286 ] Hayatuddin Khan , S/o (Not mentioned), aged about 50 years, R/o Maharastra Roadways., Tatibandh, G.E. Road, Raipur, District Raipur (C.G.) [Owner of vehicle Truck bearing registration No CG- 04/J/8286 ] The United Insurance Company Limited, through Divisional Manager., Divisional Office, Kutchery Chowk, Jail Road, Raipur, District Raipur (C.G.) [Insurer of vehicle Truck bearing registration No. CG- 04/J/8286 ] MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 •.(•<„„•--—-•-- M^MCWJRT 01? CHHATTISGARH AT aiASPUR Sinate Bencti; Hon'ble Shri Justice Prashant Kumar Mishra APPELLANT RESPONDENTS MA.(aNo.706of2009 Smt. Purain Bai Versus Mohammad Rizwan and others. MISCELLANEOUS APPEAL UNDER SECTION 173 OF MOTOR VEHICLEACT.1S88 Shri Shsvendu Pandya, counsel forthe appellant. Shrl Dashrath Gupta, counsei for respondwt No. 3. ORAL ORDER (22.06.2010) Learned counset for the parties are heard on applteation for condonation of ctelay. The appeai is barred by 88 days. (2) On due consicteration, I.A. No. 1 for condonation of ctelay in fiUng the appeat ts atlowed. (3) Learned counsel for the parttes are heard on admission. (4) The teamed Claims Tribunal has awareled compensation of Rs. 2,42,000/-. The appellant is the mother of deceased Bhanu Pratap Sahu, who was aged about 22 years when he died in a mokor accident on 23-02-2007 tnvotving motor vehicte bearing registration No. C.G. 04-J/8286. The leamed Claims Tribunat has recorded a finding that the deceased was eaming Rs. 3.000/- per month, however only 1/3r<l amount has been deducted towards his own oqaenses and the ctependency income has been assessed at Rs. 24,000/- per year. (5) Retying on the judgment rendered by Division Bench of thte Court in Rulsmani ancf others Vs. Ramftishaf Sftanna and odiers r^orted in 200B (3) M.P.N.T.-ff C.G., the leamed Claims Tribunal has applied muttiptier of 10 on the ground that since the only claimant / l^\i --2.- dependent is the mother of the deceased who is aged about 38 years the muttiplier cannot exceed 10. This view has been taken by Hon'ble Supreme Court in Municipal Ccwpofafibn of Greater Bomfeay W. Shrf i.axman Ayer ancf anotherreported in AIR 2003 SC 4«2. (6) On the basis of above referred judgment of the High Court and Hon'bte Supreme Court the (eamed Claims Tribunat has awarded Rs. 2,40,000/- as compensation towards toss of dependency income and Rs.2,000/- fbr funerat expenses along with interest @ e% per annum from the date of application. (7) In the opinion of this Court the leamed Claims Tribunat has awarded Just and fair compensation in the matter and it cannot be said that the Tribunal has assessed compensation on the lower side. <8) This Court does not find any ground for interference or modificatton in the awarcl. The appeal for enhancement of the award amounts fails and is hereby dismissed. Sd/- Prashant Kumar Mishra Judge f-