^IRSR^ITO kiiviniii i a SLE SHRi RAJEEV GUPTA, C.J. & 101 iNHA, J. 2. 3. 1. Sushiia Bai W/o late Shatrughan Lal Sinha, aged about 40 years. Virendra Sinha, S/o late Shatruahan Lal Sinha, aged about 28 years. Narendra Sinha, S/o late Shatrughan Lal Sinha, aged about 23 years. Slnflh Sinha, S/o late iasawan Sinha, Aged about 70 Sohaga Bai W/o Bahur Singh Sinha, Aged about 62 years. All are Caste of Kaiar, R/o Village Bhalesar Police Station Mahasamund, Tahsil & District - Mahasamunu (C.G.) At prssent Mahasamund, Tahsil & District Mahasamund (C.G.) Manish Kumar S/o Nathu Lal Sahu, aged about 32 years, R/o Ram Mandir Para, Mshasamund, Police Station, Tahsit and Distrtet Mahasamund (C.G.) (Driver of Vehicle Sumo bearinc 5.C.G.06Z.D.1961 ^.\ 2. Nirmal Chand Jain S/o Numkaran Jain, Aged about 35 years, R/o Mahavir Coiony, Mahasamund, Tahsil & District - Mahasamund (C.G.) (Registered Owner. of Vehicle Sumo bearing No.C.G. 06 ZD 1961) \ >• <zfc 3. Branch Manager, The Oriental Snsurance Company Limited, /islonal Office 2, side of U.T.1. Chawla Complex, Devendra Nagar Chowk, Raipur, District Raipur (C.G.) (insurer of Vehicle Sumo bearing NO.C.G.06Z.D.1961) ;al Under Sectlon 173 ofthe Motor VehiclesAct Present: Smt. Indira Tripathi, learned counsei for the appellants. >th •wy^^ws^fv^y n» The followsng order of the Court was passed Smt. indira Tripathi, learned counsel for the appellants is heard on admission. 2. This is claimants' appeai for enhancement of the compensation awarded by the Motor Accldents Claims Tribunal, Mahasamund (for short "the Tribunal"), vlde award dated 21-08-2007, passed in Claim Case No.146/2006. 3. The ciaimants, unfortunate widow, major sons and parents of deceased Shatrughan Lal Sinha claimed compensation of Rs.43,70,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident when on 01-02-2006 his motorcycle bearing registration No. C.G. 06-A/8820 was dashed by the offending vehicle Tata Sumo bearing registration No. C.G. 06 ZD/1961, resulting in multipie serious injuries to Shatrughan Lal Sinha, who succumbed to those injuries on 09-03-2006. •' \. ^iS^ /^ _^::^^%.. ,ff'/ 3&. ¥'& i.^>.' l u s ''<SS^ £ ^ ^^^ ^ '•..K'-.^tSI' .'S' 4. The Tribunai on a close scrutiny of the evidence led by the parties held that deceased Shatrughan Lal Sinha died on account of the injuries sustained by him in the motor accident; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tata Sumo; as the offending vehicle Tata Sumo was insured with the Oriental insuranee Company Limited, the insurance Company was iiable to pay compensation to the clalmants. 5. The Tribunal assessed the income of the deceased at Rs.4,000/- per month. By deducting 1/3rd of Rs.4,000/- towards the personai expenses of the deceased, the claimants' dependency v/as assessed at Rs.2,667/- per month and Rs.32,004/- per annum. By multiplying the annual dependency of Rs.32,004/- with the multiplier of 12, the compensation was worked out to Rs.3,84,0.+8./-. By av/arding further sum of Rs.62,480/- towards the medicai expenses spent on the treatment of the deceased during the period from 01 -02-2006 to 09-03-2006:, Rs.2,000/- for funeral expenses; Rs.2,000/- for loss of consortium to the widow, the Tribunal awarded a total sum of Rs.4,50,528/- as compensation to the ciaimants for the death of deceased Shatruohan Lal Sinha. The Tribunai further awarded interest @ 6% per annum on the above amount of compensatiQn of Rs.4,50,528/- from the date of filing of the claim petition till the date ofactual payment. 6. Smt. Indirs Tripathi, learned counsel for the appellants vehemently argued that the Tribunal has erred in not accepting the Igimants' evidenee about the income of the deceased and in 'a' ,\ '^ ;,1 ll :--^ /'.• -1 Js/ &;i ll) ; ••'"'? 'N. assessing his income at Rs.4,000/- on its own estimate; in deducting 1/3 ofthe income ofthe deceased towards his personai expenses; and In awarding !ow amount of Rs.4,50,528/- only as compensation to the ciaimants. 7. The claimants though pleaded that deceased Shatrughan Lal Sinha used to earn Rs.15,000/- per month by running a Kirana Shop in the village, but no cogent and reliable evidence was led in that behalf before the Tribunal. The Tribunai, therefore, was left with no other option but to discard the claimants' evidence about the income of the deceassd and to assess his income on its own estlmate. Considering that the deceased was running a Kirana Shop in a small village in the District of Mahasamund, the income of Rs.4,000/- assessed bythe Tribunal cannot be found fault with. 8. The deduction of 1/3 of the income of the deceased by the Tribunal towards his personal expenses also does not suffer from any infirmity as claimants No.2 Virendra Sinha and No. 3 Narendra Sinha were his major sons aged about 28 years and 23 years, having their own independent income. 9. V/Ve, 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. 10. The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ^Chief Justice Sd'- SunU Kumar Sinha Judge subbu