!T tTTjSGARH ATBILAS eb Desl uiaimani; Firteen Bai, W/o.Late Pukram, Ased about 51 yeara, R/o VHiage Bartunga, (Tah.) Ralgarh Dist. C.G.State. 1. Khiiav/an Das, S/o Ghanshyam Das, Aged about 35 years, C/o Karnaijit Slngh S/o Ajit Sinah, R'o Viliaae Main Road Pithora. ^ft^^^^^^s^^ n;^ r^ rt c:^^ i^f&iii<'i'?<tiitl^iiM iuf t,. ^^•.Si^.^t.Qi^. 2. Kamaijit Singh, S/o Ajlt Singh, R/o Vi'llage Mgin Road PIthora, Mahasamund Dist. ^ r^ <?^.-.-t..-.- ^.^S.Olai.t?. APPEAL 3, The New India insurance Co. Branch : Sattigurht Chowk, Raigarh, Reglona! Offlce. Raipur, CG SSate. ;CT!ON 173 OF ACT. Arsnallspt bv Sl'ri K.R-Na'r. AehfQca*?! K ! ^, ^ ^^ ^n.. ^A ^»i^, .n, ^ -..—^s ^ ^ rE^ ^ -^,1^ ^ »^*j -4. -i^^.^ ¥i.f ^ /? ^ ^ !'>iV Vllt? S?^^l'<S«S5r 'V; •'\^?£»^ViSU^?)t(.S tW. t <A A Resoondent No.3 bv Shri Guota, Advocate ^f~\ -— ^ - -i _ -- f°t.f\ ^.'^ ^st: (r'assea on uo.Li/.^uuy/ Hssrd finailv. 2. !n Ctaim Case No. 66^006 the Additiona! K4otor Accidents Ciaims Tribunai, Sarangarh (henceforth 'the Tribuna!') hs.s, by order dated 8.8.2007, av/arded compensation ofcRs.2,27,000/- in of accidental death of a child aged 17 years. The Tribuna! has assessed the yearly iricoms of the daesassd sf Rs.18,000/-. Daductlng 1/3 towards psrsonai expenses and applyjng mu!tip!ier of 16, the Tribunal assessed loss of ciependency at Rs.1,92,000/-. Aclding Rs.35,000/- tov/ards other conventional heads, which is not under challenge in this appeal, the Tribuna! has awarded Rs.2,27,000'- as compensation. fCl^ <T^^ 3. The so!e ground urged by Shri K.R. Nalr, learned counse! for the appellant, in this appeal is that the Tribunal ought to have taken the daily income of the deceased at Rs.100/-. On being confronted with the muitiplierof 16 applied bythe Tribunal, Shri K.R.Nair, leamed counsel for the appeilant submitted that even if multiplier of 11 is to be applied after considering the age of the claim-ant at 51 years, the compensation awarded by the Trlbunal is on the lowerside. 4. Shri Dasarath Gupta, tearned counse! for the respondent No.3./insurance company has, on the other hand, argued i" support of the impugned award and submitted that the Tnbunat has already awarded compensat'on In excess of what it ought to have awarded by adopting a hjgher muftiplier in view of the fact that fhe ctaimant was aged 51 years Old. 5. Having cons'derecl the rival submissions, I have perused record as also impiigned award. Considering the nature of evidence relating to the jncome earned by the deceased, the age of the deceased on the date of a.ccident and the fect that in vlew ofthe gge of the clajmant-mother being 51 years multiplier 11 is appiicabte, l am ofthe consldered opinion th-at compensation of Rs.2,27,000/- awarded by the Tribunal is just and reasonabie compensation and does not ca!! for any enhancement. 6. The aonea! beina devold of anv merit is dismfesed. Sd/- DUip Raosaheb Deshmukh v Judge M'""