HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI G. MINHAJUDDIN, J Misc. Appeal (0 No. 489 of 2007 Appellants Original Claimants Respondents Original Non-applicants Raydhan Lal Sahu, age - 53 years, s/o late Chheduram Sahu (Father of deceased) Smt Indirabai Sahu, age - 48 years, w/o Shri Raidhan Lal Sahu (Mother of deceased) Kumari Bhoj Sahu, age - 24 years, d/o Shri Raidhan Lal Sahu (Younger sister of deceased) Ku Dineshwari Sahu, age - 19 years, d/o Shri Raidhan Lal Sahu (Younger sister ofdeceased) R/o Opp Motipur School, Ward No.6, Azad Chowk, Rajnandgaon (CG) VERSUS Popat Lal S/o Jairam Electricals Moti Nath Mandir, Bharkapara, Rajnandgaon (CG) (Owner - Bajaj Super Scooter No. CG-0.8-ZE-1760) The Oriental Insurance Company Ltd., through Branch Manager, Branch Office, Kamptee Line, Rajnandgaon (CG) (Insurer of Scooter No. CG-08- ZE-1760 Pol No.2003/8366, Endt No.2004/1, Period 27.02.2003 to 26.02.2004) Aditya Pal Singh, s/o Gyan Singh, House No.24, Ward No.15, New Civil Lines, Rajnandgaon (Owner - Truck Dumper No.CG-08-B-0243) M.A.C.No. 489 of 2007 Q^ Punitram, S/o Jageshwar R/o Vill - Muretha, Nawagaon - Rajnandgaon (Driver of Dumper No.CG-08-B-0243) The Oriental Insurance Company Ltd., through Branch Manager, Kamptee Line, Rajnandgaon (CG) (Insurer Dumper No.CG-OS-B-0243 Pol No.2003/3214, Endt No.2004/1, Period 23.07.2002 to 22.07.2003) IVIiscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri SS Rajput, counsel for the appellants. Shri Rakesh Thakur, counsel for respondent No.3. Shri Abhishek Sinha and Shri GS Patel, counsel for respondents No.2 and 5. ORDER >th (29InNovember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Abhishek Sinha and Shri GS Patel, learned counsel for respondents No.2 and 5, the Oriental Insurance Company Limite the insurer of the two vehicles, Dumper and Scooter submitted that the Tribunal has awarded excessive sum of Rs.3,22,000/- as compensation to the claimants who are parents and sisters of deceased Kamlesh Sahu by deducting only 1/3 of the income of the deceased towards his personal expenses which is contrary to the dicta of the Apex Court in the cases of Syed Basheer Ahamed and others Vs Mohammed Jameel and another reported in (2009) 2 Supreme Court Cases 225 and Sarla Verma (Smt) and ^ M.A.C. No. 489 of 2007 others Versus Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121; and by selecting the higher multiplier of 15 which again is contrary to the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs Laxman lyer and another, reported in (2003) 8 SCC- 731; the appellants, therefore, may be directed to return the excessive amount of compensation awarded by the Tribunal. 2) Shri S.S. Rajput, learned counsel for the appellants, in view of the above submissions of learned counsel for the Insurance Company, seeks permission to withdraw the appeal filed by the appellants/ claimants for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajnandgaon vide award dated 02.12.2006, passed in Claim Case No.02/2004. 3) Permission granted. 4) The appeal, therefore, is dismissed as withdrawn. Certified copy of the order as per rules. Sd/- ChiefJustice Sd/- G-Muihajjudin Judge subbu