.J- IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR MISC.APPEALS FC1 N0. 3 lo /2011 MISC. APPEAL UNDER SECTION 173 OFTHE MOTOR APPELLANT INSURER VEHICLES ACT, 1988 Reliance General Insurance Company Limited through its legal officer, Branch Office, 4th floor,ShopNo. 412- 413, Ravi Bhawan, Near Jaistambh Chowk, Raipur (C.G.) s Itj RESPONDENTS CLAIMANTS .^« ^^- DRIVER OWNER VERSUS 1. Smt.^Saroj Devi Jaoje, W/o-Late Brijlal Shaw aged about 37 years, 2. Deelip Kumar Shaw-S/o- Late Brijlal Shaw aged about 18 years, 3. Ku. Jyoti Shaw, D/o- Late Brijlal Shaw, aged about 14 years, 4. Ku. Jitiya Shaw, D/o- Late Brijlal Shaw aged abouf 12 years, 5. Ku. Punam Shaw D/o- Late Brijlal Shaw aged about 10 years, (Respondent no. 3 to 5 being minor represented through mother respondent no. 1 ) All R/o- Rajeev Nagar, Ramnagar, Supela, Bhilai, Tahsil and District- Durg 6. Ashutosh Nayak S/o- GajanandNayak. R/o- Plot No. 91/2 Nehru Nagar, ( East) Bhilai, Tahsil 8s District- Durg ( C.G.) ^?- 7--^2L. Nayak S/o- Taapsingh Nayak. R/o Plot NQ. 91/2Nehru Nagar, ( East) Bhilai, fM Tahsil -8s Districf- Durg (C.G.) HI6H COURT OF CHHATTESSARH AT BILASPUR bIVISION BENCH: HON'BLE MR. I.M.QUD&USI & HON'BLE MR.6ULAM MINHAJUDDIN. JJ Appellant Respondents M.A. kl No.910/2011 Reliemce ©eneralInsurance Co. Ltd. Vs Smt. Saroj Devi & others Present: Mr. Saurabh Sharma, Advocate for the appellant. Nonefor the respondent No.l to 5. Mr. S. Verma, Advocate for respondent Nos.6 &. 7. ORDER (Oral) (irh November. 2011) I.M. QyddysL_J'; 1. Heard. 2. The appellant-Insuronce Company, has filed this appeat a9ainst the award dated 04.03.2011 passed by the learned 9 Additional Motor Accident Claims Tribunal, (FTC), Durg (for short the Claims Tribunal') in Chim Ca.se No.01/2010 thereby partly allowing ctaim apptication of the claimdnts, awarding compensation and fastening liability on the oppellant herein. 3. Brief facts of the case are that the claimants, who are widow and children of the deceased Brijlal Sao, have filed a claim application under Section 166 of the Motor Vehicles Act, 1988 (for shortthe Act, 1988') before the Claims Tribunal seeking compensation to the tune of Rs.24,60,000/- for the death of said Brijlal Sao, who died due to injuries sustained by him in ah accident, which. took place on 7.11.2009 at about 8.30 p.m. near Saksharta Chowk, G.E. Road, when ~the Santro Car bearing re9istration number C607-M-3345, which iffas being driven in msh and negligent manner by its driver, dashed the deceased while he was crossing the road. The claimcmts have claimed compensation on the ground that they were dependent on the deceased, who was the sole earning member in the family, and duefto his death, they have suffered loss of income. 4. The Claims Tribunal, after hearing the parties in the matter, allowed the claim appliGation in part, awarded a sum of Rs.3,80,500/- along with ^ Roshan/- interest © 6% p.a. and held the oppellant herein responsible to satisfy the award. 5. We have heard learned counsel for the parties and perused the impugned award as also the record of the Claims Tribunal. 6. On perusal of the records including the impugned award, it is evident that the Claims Tribunal, after considering each ond every aspect of the matter in great detail, has owarded the compensation to the claimants. Further, the method adopted by the Claims Tribunal to assess the compensation is also just and proper. Therefore, we are of the opinion that the Claims Tribunal has not committed ony illegality or irregularity in passing the impugned award gronting compensation to the claimants. 7. In the result, there is no substonce in the instant appeal, the same deserves to be and is hereby dismissed. No order a3 to costgissss^sss Sd;- _._ \ G.M^iuddin Sd/- I.M.Quddusi Judge Judg< ^ l^