•nifflBs^1'y-is^- .»-B-;y^ .-••^-f'B; '*• • /if^^ ~\ ft' X " 'v A.F7.^ HIGH COURT OF CHHATTlSGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. MON'BLE SHRISUNIL KUMARSINMA, J. Misc. Appeal No.116of2005 'u ApDellants ResDondents 3. Hembai daughter of Bodhiram, aged about 35 years, Vimla Ba'i, daughter of Shri Bodhiram, aged about 33 years, Prem Kumari, daughter of Shri Bodhiram, aged about 30 years, Both are labourers by occupation, resident of village Banjari, Tahsiland P.S. Malkharauda, distt. Janjgir ChampaC.G. VERSUS Saheb Ram, son of Shri Bhagat Ram, aged about 37 years, occupation driver, residerit of village Bordi P.S. Kharsiya, distt. Raigarh C.G. at presently residing police line Urdana, Tahsil and district Raigarh C.G. (Vehicle Driver) • Chouhan Transport Company, Prop. Dharampal Chauhan, occupation registered owner and Transpdrter, resident of Jindal Chowk, Raigarh, district Raigarh C,G. (Vehicle Owner) The Oriental Insurance Company Limited, through Branch Manager, Branch Office, Itwari Bazar, Raigarh, Tahsil and Disirict Raigarti, C.G. (Vehicle Insurer) n S •'&S—a,. S .'^'^y ^•^-^^ 2! MEnAORANDUIVI OF APPEAL UNDERSECTION173 OF THE MOTORVEHIGLES ACT Present: Shri RoopNaik, counsel for theappellants. None foi^ the respondents. ORDER (01stApril,2011) The following order of the Court was passed by Rajeev Gupta, C.J. The unfortunate major and married daughters of deceased Bodhiram Chauhan are seeking enhancement of the compensation awarded by the ThirdAdditionat Motor Accident Ctaims Tribunal, Raigarh (for short 'the Tribunal') vide award dated 21.09.2004, passed in Claim Case No.33/2004. 2) As against the compensation of Rs.13,70,000/-claimed by the appellants/ claimants, unfortunate daughters of deceased Bodhiram Chauhan, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the'motor accident on 05.08.2003, the Tribunal awarded a total sum of Rs.60,000/- as compensation atong with interest @ 6% per annum from the date of fiting of the claim petition tilt the date of actual payment. 3) Shri Roop Naik, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.60,000/- only. /' ^j^ ^ 4) Claimants Hembai, Vimla Bai and Prem Kumari were aged about 35, 33, and 30 years on the date of the accident. Deceased Bodhiram Chauhan, according to the finding recorded by the Tribunal in para 9 of the award was aged about 70 years on the date of the accident. All the three claimants were married prior to the accident and were living with their husbands in their matrimonial home. 5) It is true that the claimants being legal representatives of deceased Bodhiram Chauhan are entitled to claim compensation for his death under the provisions of the Motor Vehicles Act, but the quantum of compensation, in view of the dictum of the Apex Court in the case of Smt. Manjuri Bera Vs. Oriental Insurance Co. Ltd. reported in 2007 AIR SCW 1962, will be confined to the amountof compensation awardable under 'no faultliability' in terms of Section 140 ofthe MotorVehicles Act, which is Rs.50,000/-. 6) The compensation of Rs.60,000/- awarded by the Tribunal when examined in the context of the dictum of the Apex Court in the case of Smt. Manjuri Bera Vs. Oriental Insurance Co. Ltd (Supra), and the fact that all the three claimants are major and married daughters of deceased Bodhiram Chauhan and were not dependent on him on the date of the acciderit, in our opinion, is just and proper compensation and does not call for any enhancement in this appeal. 7) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the •) Sii,.' :;^ appellants/ claimants for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 8) No order as to costs. subbu Sd/- ChiefJustice Sd/- SunU Kumar Sinha Judge E>- f-' - .^"" <