^T. P.f^ H8GH COURT OF CHHATTIS6ARH AT BILASPUR DIVISIONBENCH Coram HON'BLE SHRt RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. IVIisc. Appeal (Ct No. 272 of 2008 APPELLANTS/ (CLASSVSANTS) RESPONDENTS (Non-applicants) Bablu Sheikh, Age 42 yrs, S/o Late Shri Sajan Sheikh. Smt. Tarja Bibi, Age 35 Yrs. W/o Shri Babiu Sheikh, Both the above are R/o Village- Charsafi, Haji Para, P.S. Bagwanagola, Distt. Murshidabad (West Bengal) Versus 1. Sitaram Marar, Age 40 Yrs. S/o Pahru Marar, R/o ViiSage-Arjuni, P.S. Pithora, Tahsil & District Mahasamund (C.G.) (Driver of the Jeep No.C.G.04'ZP/1165) 2. Navir Khan, S/o Shri Bhow Khan, R/o Village-Chibbrra, P.S. Pithora, Tahsil & District Mahasamund (C.G.) (Owner of the Jeep No. C.G.04/ZP/1165) 3. The United India Insurance Gompany Ltd., Through Divisional Office, at Krishna Complex, Jail Road, Raipur, Dlstt. Raipur(C.Q.) (!ns. Com. Of the Jeep No. C.G.04/ZP/1165) Memo of Misc. Appeai under Section 173 ofthe Motor Vehicles Act Present: Shri JA. Lohani, learned counsel for the appeilants. O R DE R (29th February, 2008) The following order of the Court was passed by Rajeev Gupta, CJ. Shri J.A. Lohani, learned counsel for the appellants is heard on I.A. No. 1 (application for condonation of delay in filing the appeal). 2. On due consideration of the submissions of learned counsel for the appellants, we are satisfied that the appellants have succeeded in showing the sufficient cause for the delay in filing the appeal. 3. Therefore, I.A. No. 1 is ailowed and the delay in filing the appeal is hereby condoned. 4. Shri J.A. Lohani, iearned counsel for the appellants is heard on admission. 5. The appellants, unfortunate parents of deceased - Totu Khan are seeking enhancement of the compensation awarded by the Motor Accident Ciaims Tribunal, Mahasamund; vide award dated 06-09-2007, passed in Claim Case No. 44/2007. 6. As against the compensation of Rs.32,00,000/- claimed by the ciaimants for the death of their son Totu Khan in the motor accident on 25-03-2007, when the motorcycle on which he was traveling as pillion-rider was dashed by the offending vehicle - jeep bearing registration No. C.G.04/ZP/1165, resulting in multiple serious injuries to Totu Khan, who succumbed to those injuries in the hospital during the course of his treatment, the Tribunal awarded compensation of Rs.4,82,000/- with interest ..:'^'1; £'',^'j%^i •^ i (^) @ 6% per annum from the date of filing of the ciaim petition till the actual payment. 7. Shri J.A. Lohani, learned counsel for the appellants vehemently argued that the Tribunal has erred in deducting half ofthe income ofthe deceased towards his personal expenses; in selecting the lower multiplier of 10; and in awarding low compensation of Rs.4,82,000/- only to the daimants. 8. So far as the assessment of the income of the deceased by the Tribunai at Rs.8,000/- per month is concerned, the appellants can have no grievance as they themselves pleaded that deceased - Totu Khan used to earn at Rs.8,000/- per month. 9. As there were only three members in the family including the deceased ; the father of the deceased being aged about 42 years only, was himself an earning member; the deceased being un-married and aged about 22 years; would have been married in due course, within 4-5 years ; we are satisfied that the Tribunal has rightly deducted 50% of the income of the deceased towards his personai expenses. We, therefore, do not find any infirmity in the assessment of the claimants' dependency by the Tribunal at Rs.4,000/- per month and Rs.48,000/- per annum. 10. The selection of multiplier of 10 by the Tribunal atso cannot be found fault with, in view of the dictum of the Apex Court in the case of Municipal Corporaffon of Qreater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC -731, wherein it has been held that in those cases where the claimants C<2-&; .^- subbu 4 are parents of the deceased, the multiplier should never exceed 10. 11. We, therefore, do not find any infirmity In the computation of the compensation by the Tribunal. 12. As we do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the assessment of the income of the deceased or the claimants' dependency by the Tribunal or the multiplier selected, the appeal filed by the appellants for enhancement of the compensation is iiable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- SunilKumar Sinha Judge