HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram LANT CLAIMANT NDENTS Non-appncants Versus Darshan Singh, Slo Kartar. Singh, R/o Pal Goods Transport, Amanaka, RaipUr, Tah. & Distt. Raipur(CG). The National Insurance Co. Ltd., Citibranch No.1, Mangalam, 103, Napier Town, Jabaipur, Through: Divisional Manager, Mobin Mahai, G.E. Road, Raipur (Chhattisgarh) Misceiianeous Appeal Under Section 173 of Motor Vehicles Act Present : Shri S.C. verma and Shri O.P. Yadav learned counsel for the appellant. The following order of the Court was passed by Rajeev Gupta, C.J. : Shri S.C. Verma and Shri 0.P. Yadav, learned counsel for the appellant are heard on admission. 2. Appellant — Ramsingh is seeking enhancement of the compensation awarded by Seventh Additional Motor Accident plaims Tribunal, Raipur (for short ‘the Tribunal’) vide award dated 29-04—2002, passed in Claim Case No.26/2000. i a O R D E R (30th June, 2008) / : HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI SUNIL KUMAR SINHA, J. MA. No. 563 of 2002 Ramsingh, aged about 25 years, S/o Late Thanuram Panka, Rlo Trimurti Nagar; Devendra Nagar, Tah. and Distt. Raipur (Chhattisgarh) 1. APPEL RESPO , 3. As against the compensation ‘of Rs.15,00,000/-, ciaimed by claimant — Ramsingh for the death of his mother - Dhanmati Bai in the motor accident on 25-02-2000, the Tribunai awarded a total sum of Rs.90,000/- as compensation along with interest @ 7% per annum to the claimant. 4. Shri S C Verma learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.90,000/- only though the claimant was entirely dependent on his mother Dhanmati Bai 5. lt has come in the evudence of claimant AW/2 Ramsmgh that he used to earn Rs 50-60 per day by pulling Rlkshaw Dhanmati Bai was aged about 55 years on the date of the accident The claimant pleaded that she used to earn Rs 100/- per day by selling vegetables but in para 7 of his cross-examination he admitted that his mother used to eam Rs. ’80-9OI- per day only. 6. The Tribunal has assessed the claimant’s dependency on his mother at Rs.40/- per day; Rs.1,200/- pert month and Rs.14,400/- per annum. As the deceased was 55 years of age and the claimant was grown-up earning member, aged about 25 years, the Tribunal selected the multiplier of 6 and assessed the ~ compensation payable to the claimant at Rs 86 400/- By awarding further sum under other heads the Tribunal awarded a . total sum of Rs 90 OOOI- to the claimant 7. The Tribunal has also awarded interest @ 7% per annum 'on the above amount of compensation of Rs.90,000/-. a?) 8. On due consideration of the submissions of learned counsel for the appellant, we are satisfied that the compensation of Rs.90,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 9. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunai. ws»a Ft 10. The appeai, therefore, is iiabie to be dismissed and is hereby dismissed summariiy. ,//’i Sdl— i 5d]. Chief Justice i i Sunii Kumar Sinha Judge a