i5t\ IN THE HIGH COURT OF (CHHATTISGARH) AT BILASPUR MISC.APPEAL(C) No^— /20Q6. APPELLANTS CLAIMANT ^ Rain Pravesh Jaiswal, S/o Late Shri Guput Jaiswal, aged about 36 Years, R/o. Gyatri Mandir, Shivdham, Pulgaon Chowk, Durg, Distt.- Durg (C. G.) 2J Smt. Guljari Devi, W/o. Late Shri Guput Jaiswal, aged about 50 years, R/o. Village Kaser, Tahsil- Bhamua, District Kaimur (Bihar) .-tv:r y VE RS U S RESPONDENTS :1) Gopal Prasad Shrivas, S/o. Shri Surendra Kumar Shrivas, aged ahout 32 years, R/o. Qr. Street No. 36, Bhilai, District G.) No. 10-B, Sector-4, Durg (C. 2) The Branch Manager, National Insurance Company Limited Gil Cpmplex,.. Gurudwara Road, Durg (C. G.) MEMO OF MISC. APPEALfC) U/S 173 OF THE MOTOR VEHICLE ACT 1988^ XI-HC-78 WH^T Sh*1|c»l 3:^'-<(i<<i<n<<, aiTil^'Ko, Rciwy _ M.A .^\^S-o,V^ 200^ Sii^i Ma<n (licl(^'s"<,ff) sn^r^irf^trai (iW 3Tl^?r <a»iict) e?aTwnf?tT3n^r <:bllfc)'i(1-f i:l|t<d)'^'te^t'<[»l<^l< ^i STf^TT SfI^T AAr. Jitendra fiupta, counse! Heard. I.A.No.3473/2006 is aliowsdl This is the clamants' cppeo^l passed by the 4 Additiona! Moto Case No.58/2005, whereby iearned| dsceased as Rs.3,000/- psr month thereby, depsndency to the extei^ multipliar of 5 haa been applied yesrs. Ws have perused the impug decessed hss been rightly assesseif t.he deceased has also been rightly Lsarned counsei for the app4 through aaricult'jre has not been In the first instance, no filsd by the spps!ia"ts. Moreove", 4 and therefore, if any agriCulturol in| doing Q^?tieiritU^ul uCtiyltiss in th^ Q^ for-the.appeilants. Documents are taken on record. jl agcins-t the aword dcted 5 AAoy, 2006, \~ Accident Cldims Tribunai, Durg, in Ciaim Tribunol after assessing the income of the ^sssssed 2/3 dependency of the claimants, lt of Rs.24,000/- has been assessad and a^sessing the age of the deceased as 60-65 ied award and the rscord. The aqe of ths by the Tribunai. Simi!ar'!y, the income of Assessed. iants submits that income of the decsased cdnsidered by the Tribunai. • pr|oof •r®9ardin9tha agricuiturai income was isitnant No.l Is a majpt- aged abffyt 36 years i|;ome vws there, then he can earn income by r'lcu'iufa' Tiei'Q. '•-li- XI-HC-78 *TW^II awr^ 3^''<ll<110'i<, tSiTfi'M'16, [e|<niyy —.M...rt.-(c-.)s>s'0/ ^^;.j..;;..v..^..~....^^ 200^ sfT^r <ra% (^cit^qi^tr) an^r^iTf^iNi (raT3n^Tsbtii<o •'.. • ^<ITW(rf?cT3TI^T - 2_ Thes'e'fore, we are of ths ths Tribuna! is just and fair and the such, the sppeal is dsvoid of meri't hereby dismissed. cohsidered Sd/- Acting Chief Justice Som< «hi<if<-i<fl-< i'fitf<-iT^tei^l'<Rifc;i<. ^Tsri^rsn^T opinion that the awar'd passed by 's is no infir'mity in the award impugned, as same is liable to be dismissea snd i+ is Sd/- Dhirendra Mishra Judge