(^ OF CHHATTSSGARH AT Coram :. HON'BLE SHRI RAJEEVGUPTA,CJ. & J. Mlsc. (Cl No.476 of 2006 1. Anand Dhritiahare S/o. Late Shri Shobharam Dhritiahare, 45 years. 2. Smt. Santrin, aged 42 years W/o. Anand DhritSahare Both resident of Vlllage- Pirda, P.S. Mandlr Hasoud, Raipur (C.G.) Versus 1. Parmeshwar Singh Thakur S/o. Satrughan Slngh ThakurAged'about 37 years, R/o Ram-Mandir Ramkund Para, P.S. Saraswati Nagar, Raip'ur (C.G.) 2. Mangai Slngh Bhadoriya S/o Shri Gu!ab Slngh Bhadoriya ResSdent of 4/691, Khapara - bhatti,-Chiruidih Ward, Raipur (C.G.) 3. Nevv india Insurance Company Through - Dlvisiona! Manager, Divisional Office No. 1, Madina Bullding, Jali Road, Ralpur (C.G.) 4. M/'s. Egg Industries, Through: Manager, Egg fndustries, Ravigram, Teiibandha, Raipur (C.G.) 5. Natlonal Insurance Company Limjted, Through: Dlvlsionai iVianager, Divlsionai Office, Near Tar Office, G.E. Road, Raipur(C.G.) (MlsceEIaneous Appeai under Section 1 73 of the EViotor Vehicles Act, 1988) Present; Shri R. Pradhan, counsei for the appeltants. None'for respondents No.1; 2; 4& 5 though served. Shri Anand Gupta, counsei for respondent No.3. 1 Vl^ ORDE (29tn October, The foiiowing order of the Court was passed by i, CJ.: This is ciaimants' appeal for enhancement of the compensation avvarded by the 14th Additional Pi4otor'Accldent Ciaims Tribunal, Raipur (for short, 'the Tribunal') vide award dated 31.07.2006, passed in Ciajm Case No.39/2006. 2) As agalnst the compensation of Rs.13,00,000/- ciaimed by the appeilants / clalmants, unfortunate parents of deceased Ashlsh, by fiiing a ciaim petition under Section 166 of the Motor Vehicies Act for his death in the motor accident on 20.01.2005, the Tribunai awarded a totai sum of Rs.5,81,948/- as compensation aiong with interest @ 9% per annum from the date of fliing of the ciaim petition tlll the date of actuai payment. 3) Shri R. Pradhan, jearned counsel for the appeilants submltted tSiat the Tribunal has erred in awarding !ow compensation of Rs.5,81,948/- only. 4) Shri Anand Gupta, learned counsel for respondent No.3/ New india insurance Company Limited, on the other hand, contended that the Tribunai has been quite liberai in awarding amount of Rs.5,81,948/~ as compensation to the claimants. 5) The clairnants themselves pleaded that their son Ashssh to earn Rs.4,500/- per month. The Tribuna! accepting the ciaimants' evidence about the income of the deceased, .fc^s^^. ^**''' ^^s^\ ^•"\ ^ his income at Rs.4,500/- per month. As such, the appeilants cannot have any grievance about the ofthe income of' tlie by the Trsbunai. 6) The Tribunai has been quite jjberai in deducting oniy 1/3rd of the income of the to'wards his persona! though the deduction En that behalf cou!d have been to the extent of 50% of the Income of the as the deceased on the of the accident was unmarried and after hls mamage, hls contribution to his would have been reduced substantiaily. 7) Th.e muitipEler of 1 5 by the Tribunal is rather on the higher' consiaering that the ciairnants are parents of the and En view of the dictum of the Apex Court in the of Corporation of Vs. & repoi-ted in 8 731, wherein it was heid that in vv'here the ciaimants are parents of the deceased, the muEtipiler should never 10. 8) For the foregoing reasons, we do not find any for enhancement of the compensatlon on account of the of the income of the or the claimants' dependency by the- Tribunai or the muitiplier selected. 9) The fiied by the appeijants/ciaimants for enhancement of t'ne compensation, therefore, is to be dlsmissed and is hereby dismlssed. 10) No order as to costs. SUbbU Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge