^. HIGH COURT OF CHHATTISGARH, BILASPUR DB: HON'BLE SHRI RAJEEV GUPTA, C.J., HON'BLE SHRI SUNIL KUIVIAR SINHA, J MISC. APPEAL (0 No. 237 of 2006 APPELLANTS 1. Rahi Devangan, wife of Sri Sukalu Devangan, aged about 48 years, 2. Sukalu Ram Devangan, s/o Abhay Ram Devangan, aged about 50 years, 3. Ku. Vidya Devangan, D/o Sukalu Ram Devangan, aged about 16 years, 4. Ku. Hemlata D/o Sukalu Ram Devangan, aged about 15 years, 5. Ram Avatar Devangan.s/o Sukalu Ram Devangan, aged about 13 years, 6. Ku. Deep Mala, D/o Sukalu Ram Devangan, Aged about 11 years, Appellants 3,4 5 &6 are represented by legal guardian mother Smt. Rahi Devangan, All R/o Amapara, P.S. Azad Chowk, Distt. Raipur (C.G). Vs. Gokul Baghel, s/o Laxman Baghel, R/o Amapara Nagar Nigam Colony, Distt. Raipur (C.G) Ramesh Kumar Sachadev, s/o Narayan Das Sachadev, R/o Kalibadi, Raipur United India Insurance Co. Ltd. By Divisional Manager, United India Insurance Co. Ltd., Kachahari Chowk, Tah. & Distt. Raipur. MISC. APPEAL UNDER SECTION 173 OF THE IVIOTOR VEHICLES ACT.1994 RESPONDENTS 1. 2. 3. APPEARANCE: Shri S.C. Verma & Shri Aditya Kh'are, counsel for the appellants. None for respondents 1 & 2. Shri Dashrath Gupta, counsel for respondent no.3 ^ M.A.CCINo. 237/2006 JUDGMENT (19.11.2009) The following judgment of the Court was passed by RAJEEV GUPTA. C.J. (1) Heard on M.C.P.No.1711/2006, a petition for condonation of delay in filing the appeal. (2) On due consideration of the submissions of the learned counsel for the parties and the grounds taken in the application, we are satisfied that the appellants have succeeded in showing sufficient cause for the delay in filing the appeal. (3) M.C.P.No.1711/2006, therefore, is allowed and the delay in filing the appeal is hereby condoned. (4) Shri S.C. Verma and Shri Aditya Khare, learned counsel for the appellants are heard on admission. (5) The appellants are seeking enhancement of the compensation awarded by Second Addl. Motor Accident Claims Tribunal, Raipur vide Award dated 18.10.2005 in Claim Case No. 25/ 2005. (6) As against compensation of Rs.8,92,400/- claimed by the appellants/claimants, the unfortunate parents, sisters and brother of deceased Durgesh Kumar by filing claim petition u/s 163-A of the Motor Vehicles Act for his death in the motor accident on 11.3.2004, the Tribunal awarded a total sum of Rs.3,48,000/- as compensation along-with interest @ 6% per annum from the date of filing of the claim petition, till the date of actual payment. M.A. (C) No. 237/2006 account of the income of the deceased or the claimants' dependency assessed by the Tribunal or the multiplier selected. (11) The appeal filed by the appellants/claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. ^ Sd/- Chief Justice Sd/- SunUKumarSmha Judge Rao