II CORAM .'B.III aDeljants t'££SS? Non-aooiicants M.A. (C.) N0.431 OF 1. Prem Lal Gupta aged 52 years son of Babu Lal Gupta 2. Smt. Radha Bai aged 49 years wife of Prem Lal Gupta 3. Smt. Jsnki Bai Gupta aged 25 years wife of Late Ravindra Kumar Gupta 4. Pn'yanshu Gupta aged 6 years (minor) 5. Ku. Priyanka Gupta agsd 1 year 6 months (minor) Applicants No. 4 & 5 through their auardian mother Smt. Jan.ki Bai Gupta wife of Late Ravindra Kumar Gupta A!l of them resident or Purani Basti Pendra, Tansi! Pendrg Road, Distt. Bilaspur (C.G.) versus 1. Diiip Patel aged 20 years son of Difharan Patel, resident of Village Dhuma; P.S. Ton,va, Distt. Bilaspur (C.G.) 2. Arvind Kumar Prajapati aged 40 years, son of Bindeshwar Prajapati^ resident of Vilfage DheM'adih^ Posf - Katghora; Dtett. Korba (C.G.) 3. Tne New india Insurance Company Ltd. Branch Offioe-Bilaspur (451051), Distt. Bilaspur (C.G..) Aopea! Under Ssctlon 173 ofJtfIotor_V'ehjclesAct1988. Present: Shri Kamai Pandey, counsel for the appet'ants. (Passed on 13"ApriS, 2i he followin.g orai order of the Court was passed bv D.a. Dsshmukh, J, Heard. (2) The oniy point urged by the learned counse! for the appellants is that the compsnsation awarded by the MACT is not just and reasonable compensation as the MACT oug'nt to have taken into consideration the amount earned by the deceased by ho'ding tuition ciasses. (3) 'We are not inclined to agree vi/ith the submission made by the learned counsel for the appeltants. The dsceased was a Government sewant- teacher. The MACT on proper appreciation of svidence has rightiy rejected the contention of the ciaimants that the deceased v/as earning from tuition also. We also find that the learned MACT has awarded a sum of Rs. 15.000/- towards expenses Incurred in treatment whereas no such evidence was adduced, !n that yiev'/ of the matter, the appeilants could have no grievance regarding adequacy of the compensation awarded by the Tribunal. We do not find any merit in this appea! Vi'hich is accordingly dismissed at the stage of admission. Sd/- ChiefJustice Sd/- Dilip Raosaheb Deshmukh Judge