A-P-^. -^^>- <&-^j0Qg HIGH COURT OF CHHATTISGARH AT BILASPUR DiVISION BENCH APPELLANT N0.2 RESPONDENTS CLAIMANTS il'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLESHRI DHIRENDRA MISHRA, J. Misc. Appeal (0 No. 695 of2008 National Insurance Company Limited Through, its Divisional Manager, Divisional Office, Mobin Mahal, G.E. Road, Raipur (C.G.) Versus 1. Smt. Duraiya Hussain, W/o Late Javed Hussain, Age - 35 years, Occupation HouseWife, 2. Ku. Alphiya, D/o of Late Javed Hussain, Age -12 years, (Un-adult) 3. Ku. Munira Bano, D/o Late Javed Hussain, Age—8 years, (Un-adult) On behaif of Un-adult Applicant No.2 and 3, mother of her would be App!icant. All R/o Kukurbeda, Amanaka, Distriet Raipur (C.G.) Applicants 4.3mt. Tasin, W/o Shri Rashida Hussain, R/o Hakimi Apartment, Asgar Bada, Amanaka, Raipur, Tahsil & District Raipur (C.G.) Non-apDlicant No.1 .*••» Apoeal Under Section 173 of the IVIotor Vehicles Act,1988 Shri U.N.S. Deo, iearned counsel forthe appellant. ORDER •th (16mJune,2008) ^ l-L .»-. The following order of the Court was passed by Rajeev Gupta, C.J. By allowing I.A. No. 02/2008, the document flled along with this application is taken on record. 2. Shri U.N.S. Deo, learned counsel for theappellant is heard on I.A. No.01/2008, an application for condonation of delay in filing the appeal. 3. On due consideration, we are satisfied that the appellant - tnsurance Company has succeeded in showing sufficient cause for the delay in filing the appeal. 4. I.A. No. 01/2008, therefore, is allowed and the delay in filing the appeai is hereby condoned. 5. Shri U.N.S. Deo, learnedcounsel for the appellant is heard on admission. 6. This is insurer's appeal against the award dated 07-08-2007, passed bythe Seventh MotorAccident Claims Tribunal, Raipur (for short 'the Tribunal') in Motor Claim Case No. 98/2006. 7. As against the compensation of Rs.16,50,000/- claimed by fhe claimants, by filing a claim petition under Section 163-A ofthe Motor Vehicles Act, for the death of deceased - Javed Hussain, hysband ofclaimant No.1 - Smt. Duraiya Hussain and father of ctaimants No. 2 & 3, Ku. Alphiya & Ku. Munira Bano, the Tribunal awarded a sum of Rs.3,06,880/- as compensation along with the interest @ 3% per annum from the date offiling oftheclaim petition tiil the date of actual payment. ^s. ^ b< -<. .»•> ?;r. • .^3 ^" \; 8. Shri U.N.S. Deo, leamed counsei for the appellant submitted that as the appellant - Insurance Company was granted permission under Section 170 of the Motor Vehicles Act to contest the claim on all availabte defences, quantum of compensation awarded by the Tribunal is being chailenged in this appeal filed by the Insurer of the offending vehicle. 9. The Tribunal on a close scrutiny of the evidence led by the parties assessed the income of deceased - Javed Hussain at Rs.2,500/- per month. By deducting 1/3rd of Rs.2,500/- towards the personal expenses of the deceased, the claimants' dependency was assessed at Rs.1,666/- per month and Rs.19,992/- per annum. By multiplying theannual dependency of Rs.19,992/- with the multiplier of 15, the compensation was worked outto Rs.2,99,880/-. By awarding a further sum of Rs.2,000/- towards funeral expenses and Rs.5,000/- for loss of estate, the Tribunal awarded a totat sum of Rs.3,06,880/- as compensation to the claimants for the death of deceased - Javed Hussain in the motor accident. 10. Shri U.N.S. Deo, leamed counset for the appellant vehemently argued that the Tribunai has erred in assessing the income ofthe deceased at Rs.2,500/- per month and selecting the multiplierof15. 11. Deceased - Javed Hussain, at the relevant time, was working as Coolie in the offending vehicle Minidor. Even an unskilled labourcan easily earn Rs.80 -1 OO/- per day. As such, the assessment of the income of the deceased by the Tribunal at Rs.2,500/- per rponth cannot be held to be on the higher side. L ' - ^ ^ e,A^ 12. The claimants' dependency has been rightiy assessed by deducting 1/3rd ofthe income of the deceased towards his personal expenses. 13. The multipiier of15 selectedbythe Tribunal considering the age of the deceased, his widow - claimant No.1 Smt. Duraiya Hussain and his two minor daughters Ku. Alphiya & Ku. Munira Bano aiso cannot be found fault with. 14. For the foregoing reasons, we do not find any good ground for reduction of the compensation assessed by the Tribunal at Rs.3,06,880/-. The appeal fi!ed by the Insurance Company challenging only the quantum of compensation awarded by the Tribunal, therefore, is liable to be dismissed and is hereby dismissed summarily. ! Sd/- Chief Justice Sd/- Dhirendra Mishra Judge V .»•> (s ^ N'