H!GHOOVRTOF_CHI-IATT6SGARH,AT,BELASPUR DI¥LS|QN_BENCH (L APPELLANTS J'SLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI SUNJL KUMAR SINHA, J. IVI.A.(Ci No. 738/2008 1. Smt. Mamta Sharma, aged 32 years, Wd/o Late Narendra Bhushan Sharma: 2. Tarun Sharma,aged about 13 years. 3. Omesh Sharma, aged about 10 years. No.2 & 3 both son of Late Narendra Bhushan Sharma, Minors, through naturai guardian mother Mamta Sharma appeliant no.1, A!l R/o Viliage Dharseeva, District Ralpur (C.G.) Versus 1. Neelkanth Verma, aged about 46 years, S/o Shri Hemraj Verma, R/o Viliage Devsara, Post Bhibhori, P.S. Berla, Distnct Durg (C.G.) 2. National Snsurance Company Limited, Through: Divisional Manager, Divlsiona! Office, Mobin Marg, G.E. Road, Raipur, District Raipur (C.G.) 3. T.P. Sharma, agedabout 65 years, S/o Late Bhaiya Ram Sharma, 4. Hemin Bai, aged about 60 years, W/o , T.P. Sharma, No.3 and 4 both R/o Village Dharseeva, District Raipur (C.G.) M.iscelianeous ADpeai Under Section 173 ofthe SVIotor Vehides Act, 1988 Present: Shri R. Pradhan, Searned counseS for the appellants. ORDER (20th Jyne, 2008) The fotjowing order of the Court was passed by Rajeev Gupta, C.J. Shri R. Pradhan, iearned counse! for the appetlants is heard on i.A. No.01/2008, an application for condonation of delay in flling the appeal. 2. On due consideration, we are satisfied that the appellants have succeedsd in showing sufficient cause for the deiay in filing the appeal. 3. !.A. No. 01/2008, therefore, is aliowed and the delay in filing the appeal is hereby condoned. 4. Shri R. Pradhan, learned counse! for the appellants is heard on admission. 5. The daimants have fi!ed this appeal under Section 173 of the Motor Vehicles Act (for short 'the Act') for enhancement of the compensation awarded by the Fourteenth Additional Motor Accident CIalms Tribunai, Raipur, (for short 'the Tribunai') vide award dated 17-12-2007 passed in Motor Clalm Case No.26/2007. 6. The claimants, unfortunate widow and minor children of deceased - Narendra Bhushan Sharma, claimed compensation of Rs.28,25,000/- by fiElng a claim petition under Section 166 of the Act for his death in the motor accldent on 19-07-2005 when his Tractor bearing registration No.C.G.~04-D-4709 met with an accident due to rash and negligent driving of the driver of the other Tractor bearing registration No. C.G. 04-ZQ-3937, resuiting in the instantaneous '"'&s death of Narendra Bhushan Sharma on the spot itseif. The ciaimants further pieaded that the deceased- Narendra Bhushan Sharma used to earn Rs.5,000/- per month as Supervisor in Babu Constructions, Slitara, Raipur, in addition to hls agricultural income of Rs.50,000/- per annum and Rs.1,00,000/- per annum from the hire charges of the Tractor and Trolley. 7. The Tribunal on a ciose scrutiny of the evidence led by the parties beld that deceased - Narendra Bhushan Sharma died on account of the injuries sustained by him In the motor accident; the drlver of the Tractor bearing registration No. C.G. 04-ZQ-3937 was responsible for the accident; and as the said Tractor was insured on the date of the accident with Nationai Insurance Company Limited, the Ensurance Company was liable to pay compensation to the ciaimants. 8. The Tribuna! assessed the income of the deceased at Rs.5,500/- per month. By deducting 1/3rd of the said amount towards the personaj expenses of the deceased, the claimants' dependency was assessed at Rs.44,000/- per annum. By multipiying the annuai dependency of Rs.44,000/- with the multipEier of 17, the compensation was worked outto Rs.7,48,000/-. By awarding further sums under other heads, the Tribuna! awarded a total sum of Rs.7,83,000/-as cornpensation to the claimants for the death of deceased - Narendra Bhushan Sharma in the motor accident. The Tribunal directed payment of interest @9% per annum on the above amount of compensation of Rs.7,83,000/- from the date of filing of the daim petltion till the date ofthe actual payment. 9. Shri R. Pradhan, learned counset for the appellants vehementiy argued that the Trlbunal has erred in not aecepting the evidence of the claimants about the income ofthe deceased ; and in awarding iow compensation of Rs.7,83,000/- on!y. 10. The Tribuna! after considering the entire evidence led by the claimants about the Incomeof thedeceased in paras 24 to 27 of the award, assessed his income at Rs.5,500/- per month.As the agricuitural tand and the Tractor & TroStey owned by deceased - Narendra Bhushan Sharma can be used for cultlvation by the ciaimants by hiring an agricuitural labourer, we do not find any infirmity in the assessment of the income of the deceased by the Tribuna! at Rs.5,500/- per month. The claimants' dependency also has been rightiy assessed by the Tribunal by deducting the 1/3rd of the income of the deceased towards his personai expenses. The multiplier of 17 selected by the Tribunal is rather on the higher side in view of the dictum of the Apex Court New India Assurance Go. Ltd. Vs. Kalpana and others, reported in 2007 ACJ 825. 11. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the income of the deceased or the claimants' dependency assessed by the Tribunal or the muitipiier selected. 12. The appeai, therefore, is iiabie to be dismissed and is hereby dismlssed summariiy. Sd/- Chief Justice Sd/- SunilKumar Sinha Judge nimmi