'yri ^^::1;K HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: APPELLANTS CLAIMANTS 'Y.. RESPONDENTS ^ HON'BLE SHRI JAGDISH BHALLA, Ag.CJ. & HON'BLE SHRI DILIP RAOSAHEB DESHMUKH, J. M.A.fC)No. 656 of2007 1. Ku, Priyani^ @ Lakeshwari, D/o. Gajendra Kumar Sahu, aged about: 11 yeara, (Minor) thrt)ugh : Next friend Her Guardian Grand Father : Ramswaroop S/o. Shyam Singh Sahu, 2, Smt. Premin Bai, W/o. Ramswaroop Sahu, aged aboutl: 55 years. 3. Ramswaroop, S/b. Shyam Singh Sahu, aged about: 60 years All are R/o. Village : Badeparda, Post OTfice : Navagaon, Thrpugh : Bori, Tahsil: DhamdhaiDistt,: Dur^ (C.G.) VERSUS 1. Mohammad Aslarjn Rathor, S/o. Abjul Sattar, aged about : 36 years, R/o. Takiyapara Durg, {Tahsil & Distt. : Durg (OwneroTthe offending vehicte) No.M.H.31,W.6751. • 2. Kamiuddin^ S/b Ajimuddin, aged about: 39 years, R/o. Luchkipara Durg, Tahsii &DJstt.Durg(C.G.) (Driver of the offending Vehicle No. M.H.31,W.67S1.) 3. National Insurance Co. Uri. Branch : Durg, Gil Comptex, Gurudrawa Road Durg(C.G.) (Insurer of the offending Vehicte. No. IVI.H.31,W.6751.) ADpeatunderSection173ofMotorVehicleAct Preseht: - Shri Pushpendra Kumar Patel, counsei for the appeliants. •s; ORALORDER (Passed on 26m June,2007) The follo^ing oral order of the Court was passed by Dilip Raosaheb Deshmukh, J. :'lt::' w 'k. tf .-s- Heard, On 12-05-2005 fbur persons le. Gajendra Kumar, Smt. Yashoda Bai @ Rani, Bhupendra Kumar and Manoj Kumar going on a motorcycle m@t with aGddental death. The Tribunal awarded total compensationof'Rs.8,33,752/-. Learned counsel fbrthe appeltants atthe wr^outset submitted that hewould notassailthe compensatioriawarded bythe!Tribunal relating tothe accidtntal death of Smt Yashpda Bai @ Rani, Bhupendra Kumar and Mancy Kumar, but would confine his argument onty to the inadequacy of compensation of Rs.2,38,952/- awarded by the Tribunal regarding the accidental death of Gajendra Kumar on the sole ground that the learned Tribunal fell in error in assessing the loss of dependency on the basis of net salary drawn by Gajendra Kumar who was a gardener in the Steel Club, Bhilai. Upon perusal of the impugned award we fjnd that although the deceased was drawing a net salary of Rs. 1,456.00/- on the date of accident yet the MACT has, after taking into consideration some deductions which would have stopped after No months assessed the loss of dependency by taking the monthty netsalary atRs. 1756.90/-. Inourconsideredopinion, the compensation awardedby theTribunal isjust and reasonable compensation. There is no meritjn this appeal which is dismissed at the stage of admission itself. Sd/- Ag.ChiefJustice subbu Sd/- DiUp Raosaheb Deshmukh Judge )- -f \.^-\\ •\