-1t- l<r HIGH COURT OF CHHATTISGARH : BILASPUR DIVISION BENCH: HON'BLE SHRI T.P.SHARMAAND HON'BLE SHRI R.L.JHANWAR, JJ, APPELLANTS RESPONDENTS M.A.fClNo.1135 of 2010 1. Smt. Kumari Bai, W/o Babulal Sahu, aged about 55 years. 2. Babulal Sahu, S/o Late Bharatlal Sahu, aged about 62 years, 3. Jitendra Sahu, S/o Babulal Sahu, aged about 20 years, All R/o Village Nargoda, Post-Seepat, Police Station-Seepata, Tahsil-Masturi, District-Bilaspur(C.G.) VERSUS 1. Gangasagar, S/o Ramnaresh Singh Patel, aged about 25 years, R/o Nawadih Chowk, Seepat, Post-Seepat, Police Station - Seepat, Tahsil - Masturi, District Bilaspur (C.G.) 2. Parmeshwar Singh, S/o Guljar Singh, R/o Near Idgah Chowk, Bilaspur, Police Station - Civil Line, District Bilaspur (C.G.) 3. Sanjeev Kumar, S/o G.P. Bajpai, R/o Mopka Naka, Katiyapara, Bilaspur, Tahsil & District-Bilaspur. (C.G.) 4. Sanjay Dewangan, S/o Shankar Prasad Dewangan, R/o Prakash Sound Service, Near Udai Chowk, Katiyapara, Bilaspur, Tahsil & District Bilaspur (C.G.) APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 ShrJAvinash Chand Sahu, counsel forthe appellants. ORALORDER (Passedon18.11.2010) The following oral order ofthe Court was delivered by T. P. Sharma, J. Heard on I.A.No.1 forcondonation ofdelay in filing the appeal. 2. On due consideration, I.A.No.1 is allowed and the delay of 113 day in filing the appeal is condoned. 3. By this appeal under Secfion 173 of the Motor Vehicles Act (for short 'the Act'), the appellant/claimants claimed enhancement of compensation of ^^y- ^^, ^;JJit||li|'|||||j^|J|j|||J||ijj|^ i^ Rs.2,00,000/- awarded by the 2nd Additional Motor Accidents Claims Tribunal, Bilaspur.(for short 'the Tribunal') in claim case No. 30/2007 vide order dated 29th March, 2010. 4. Counsel for the appellant is heard. The award impugned is perused. 5. As per award, on account of death of unfortunate deceased Narayan Prasad Sahu, son of appellants No.1 & 2 and brother of appellant No.3, as a result of motor accident on 19.12.2006, claim petition under Section 166 of the Act for compensation of Rs.10,03,000/- was filed against the respondents. 6. After affording opportunity of hearing, award of Rs.2,00,000/- with interest at 6% per annum to the claimants has been passed by the Tribunal. The Tribunal further directed the respondents that the amount of compensationshall be paid to them from the date of filing claim petition i.e. 13.03.2007. 7. The award impugned revealed that considering the father, mother and brother as claimants and placing reliance in the matter of Municipal Corporation of Greater Bombay vs. Laxman lyer and another, (2003) 8 SCC 731, the Tribunal has applied multiplier of 10. The income of deceased was assessed as Rs.3000/- per month as notional income and after deducting 50% from Rs.36,000/-, dependency of the claimants at Rs.18,000/- was worked out. Adding Rs.10,000/- for funeral expenses and loss of estate and Rs.10,000/- for love and affection, the Tribunal awarded Rs.2,00,000/- as total compensation. The award further revealed that the Tribunal has rightly considered the income of the deceased and rightly applied multiplierof 10 considering the claimants as mother, father and brother. |nourconsideredopinion, the Tribunal has not committed any illegality orinfirmity in awarding Rs.2,00,000/- as compensation. 8. We do not find any scope for enhancement of compensation. 9. Consequently, the appeal being devoid of merit and substance is liable to be and is hereby dismissed at the admission stage. No order as to costs. Sd/- T.P. Sharma Judge Sd/- R.L. Jhanwar Judge M' B^