^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, ^. Appellants Claimants Respondent NA No.1 (Driver) Respondent NANo.2 (Owner) Respondent NANo.3 (Insurer) M.A.(Ct.No.527of2007 1 Ashok.Kumar Sharma, aged about 40 years, son of Dhobleshwar Sharma 2 Smt. Veepa Sharma, wife of Ashok Kumar Sharma, aged about 37 years Both are resident of village Kolam, PS Tamnar, Tah. Gharghora, Distt Raigarh VERSUS i 1 Sukhsai son of Pradhan Tikry, aged about 28 years, occupation - Driver, resident of village Sonajori, Tahsil Lailunga, Tahsil Gharghora, Distrtet Raigarh (CG) 2 Manager, Durga Career Pvt Ltd., Levan Road, Baloda Bazar, District Raipyr 3 The New India Insurance Co. Ltd., Batoda Bazar, Distt Durg (CG) through - the Branch Offtee, The New India Insurance Co. Ltd. jtwari Bazar, Raigarh, Distt Raigarh (CG) Miscellaneous Appeal under Section 173 of the Motor Vehicles Act. 1988 Present: Shri A.N. Bhakta, counsel for the appellants. ORDER ^ (03rd September, 2009) t The foltowing order of the Court was passed by ' \ -. Rajeev Gupta, C.J. -@ INUMIUUI Shri A.N. Bhakta, learned cour®elfor the appellants is heard on admission. 2) The appetlants are seeking enhancement of the compensation awarded by First Addltional Motor Accictents Claims Tribunal, Raigarh (for short 'the Tribunal') vide award dat@d 15.01.2007, passed in Claim Case No.26/2006. 3) As against the compensation of Rs.13,11,600/- clatmed by the appellants/claimants, unfortunate parents of deceased Vikash Sharma, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 01.10.2005, th@ Tribunal awarded a total sum of Rs.1,87,500/- as connper^ation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 4) The Tribunal assessed the Income of the deceased at Rs.15,000/- per annum on the basis of the notional income prescribed in the Second Schedule under Section 163-A of the Motor Vehicles Act. By deducting 1/3rd of Rs.15,000/- towards personal expenses of the deceased, the claimants' de^ndency was assessed at Rs.10,000/- per annum. By multiplying the annual dependency of Rs.10,000/- with the multiplier of 16, the compensation was worked outto Rs.1,60,000/-. By awarding further sum of Rs.27,500/- under other heads, the Tribunal awarded a total sum of Rs.1,87.500/- as compensation to the claimants for tt^e death of their son Vikash Sharma in the motor '\ accident. The Tribunal further directed payment of interest on the '^•^'". ^. above amount of Rs.1,87,500/- @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 5) Shri A.N. Bhakta, learned counsel for the appellarts vehementty argued that the Tribunal has erred in awarding low compensation of Rs.1,87,500/- only as deceased \^kash Sharma would have extended great support to his parents in their old age. 6) Deceased Vikash Sharma was aged about 17 years on the date ofthe accident. Though the claimants pleaded that he used to earn Rs.3,900/- per month from tuition, no cogent and reliable evidence was led in that behalf. 7) Even assuming the income of the deceased at (^8.36,000/- per annum on the basis of the notional income taken by us in other cases in the year 2005; by deducting 50% of the income of the deceased towards his personal expenses as he was unmarried on the date of the accident and after hls marriage his eontribution to the parents would have been reduced substantially, the claimants' dependency would be at Rs.18,000/- per annum; by multiptying the annual dependency of Rs.18.000/- with the multjplier ©f10, as the claimants are parents of the deceased and in view ofthedictum of the Apex Court in the case of Municipal CorporatioR of Greater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC- 731, wherein 'rt was held that in those cases where the claimarrts are parents ofthe deceased the multiplier should never exceed 10, \ the compensatlon works out to Rs.1,80,000/-; by awarding further sum of Rs.5,000/-'towards funeral expenses and Rs.2,®X)/-for loss of estate, the compensation works out to Rs.1,87,500/-, the same /£i:^ f ^ y ff '^/ amount which has been awarded by the Tribunal as compensation to the claimants for the death of their son Vikash Sharma in the motor accident. 8) For the foregoing reasons, we do not find any scope for enhancement of the eompensation awarded by the Tribunal. 9) The appeal filed by the appellants / claimants for enhancement of the compensation, therefore, is liable to be dismi^ed^nd Is hereby dismlssed summarily.i Sd/- ChiefJustice ^ subbu Sd/- Sunil Kumar Sinha Judge