IN THE HON'BLE HIGH COURT OF CHHATTISGARH_AT BILASPUR MISCELLANEOUS APPEAL fC) N0. f <?B"/ QF 2009 ARPELLANTS R fc^f^ . ^......-•;'::-"t^s^ •^-ts!;7v& S.»" •••-^""/'i^i. .f9fKSSS vi""_.^ RESPONDENTS 1. 2. 3. Smt. Kamla Bai, W/o Bihari Das Vaishnav, aged about 50 years, Occupation-House wife and Agricultrist, R/o Village Bhandarpur, Police Station and Tahsil Churiya, District Rajnandgaon (C.G.) Jageshwar, s/o Heerachand Sidar, aged about 25 years, R/o Village Bhandarpur, Police Station and Tahsil Churiya, District Rajnandgaon (C.G.) Tulsi Ram, S/o Dashrath Rajak, aged about 52 years, Occupation Agriculturist, R/o Village Bhandarpur, Police Station and Tahsil Churiya, District Rajnandgaon (C.G.) VERSUS -^^ Smt. Chandrika Bai, W/o Jitendra Kumar Rajak, aged about 22 years, Ku. Shalini, .D/o late Jitendra Kumar Rajak, aged about 1 year, Minorthrough his natural guardian- mother Chandrika Bai, Mohan Lal, S/o Shivnath Rajak, aged about 50 years, 5. 6. Smt. Rampyari, W/o Mohan Lal Rajak, aged about 45 years, All R/o Village Salhe, Tahsil Dongargarh, District Rajnandgaon (C.G.) The Branch Manager, United India Insurance Com. Ltd. Branch Kamthi Line, Rajnandgaon (C.G.) The Branch Manager, National Insurance Com. Ltd. Branch Kamthi Line, Rajnandgaon (C.G.) MEMO OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT,1988 XI-HC—78 HIMMI th^ira» 3^ "^iitiK'Ki, g)T{|y<i<o^ fs|diy^< ,.4iAc,......i^5.............^..W[.200 ^ 3ff^ 'T^? ('i'ifd'*^) CT^r^irftwF cPTT SIT^T'^RRT ^gnR^ftgan^i S.B. Hon'ble Shri Justice N.K. Aabrwal 24.07.2009 Shri PP Sahu, Advocatefor ttjie appellants. Heard on admission. ^RfOTh •WTCTf-^'IWt ^RZR ^aiRnan^i The instant appeal has beer^ award dated 27.03.2009, passed Tribunal, Rajnandgaon, in clalm c| filed by the owner against the by the Motor Accident Claims ase No. 43/2007, wherebv and whereunder an amount of Rs. 1 ,p0,200/- has been awarded as compensation to the claimants alotigwith interest @ 7 percent per annum on the date of application. The brief facts of the case ire that, the claimants, who are unfortunate widow, minor children Ram Rajak, aged about 26 years, from the Tractor bearing registratiq bearing registration No. CG 070/^059, while he was sitting in the and parents of deceased Janak who died In an accident arising n No. CG 07 D/2048 and Trollev trolley, preferred a claim under S^ claimingcompensation to the tun^ ction 166 of Motor Vehicles Act, of Rs. 20,50,000/-. iS"'!"' !SSS£S3i.S~t^X'^ XI-HC—78 t»l*<CTl Vhwvn 3^ •<1l<1IQ1-H,®Tll'H'|(c,fs|dlylj,< CTN?^-^---itf??-a---^200g sn^i Ti^r (l^f^'i'l1!) Sf^S W Ri-1 ^TT ^n^?T »><4 ^"raiwaftn sii^'1 The Tribunal, on a close s' parties, the material available or the parties, assessed the income per annum by applying multiplier other heads, awarded a total sum Shri Sahu submits that the the Insurance Company and th side. The only question raised b} awarded is on higher slde. 1 have heard the counseii documents and record. Admitted|y Tractor Trolley and for that covei|i the trolley, noextra premium h( company and under Section 14f insurance company is not re<j therefore, the Tribunal has ri^h company from liability, and as <ftt^<n4ti ^w^ Tf^^ <rsi^« ^T sifim an^i :;rutiny of the evidence led by the the record, and submissions of of the deceased at Rs. 15,600/- of 13 and by adding 11,000/- on of Rs. 1,50,200/-. Tribuna! has wrongly exonerated 3 amount awarded is on hiqher ' the Shri Sahu is that the amount for the appeltants, perused the /, the deceased was sitting in the ing the risk of deceased sitting in as been taken by the insurance ? of the Motor Vehicles Act, the luired to cover such risk and ri^htly exonerated the insurance as quantum of compensation is ^g^.>S®rf:'s6fiSSS'5ii.ify XI-HC—78 an^l w k-i W SV^V AtljsB Sahu T *n*1CTI **!!<»» ^^ '<ilt\IVttl, yfll'H'IS, [qCTI'M'J,< _.mAc..........i..y3j,, 31I^?['T^T (iqls'tyt) twrar ^fta an^t -31 concerned, in the opinion of thi^ court, in fact, the Tribunal had 1$ awarded a compensation which i^ Therefore, in my considerejd the same deserves to be and is| stage. ^rafo^i i?TO^ff "^ 1^T3t <f^)^.i< ^siRnsn^i shocking on lower side. opinion, the appeal is meritless, accordingly dismissed at motion Sd/- N.K.Agarwal Judge