1 ^ . ' r-^li IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.) MISCELLANEOUS APPEAL fC) N0. a .®^^^^ ^ OF 2009 APPELLANT ^^- .....-^^' L.-'" ^-- \ \^^~ / <»-:^^.^' ^"^'A -..• ^^•"" Surendra Nath Shrivastav Son of Kailash Nath Shrivastav, aged about 52 years, R/o. Village Karramad, P.S. Durgukondal, Tahsil Bhanupratap Pur, District Uttar Bastar (C.G.) VERSUS RESPONDENTS : Naveen Kumar Jain, D/o. Heerachand- Jain, Occupation- vehicle owner, R/o. Village and Tahsil Bhanupratappur, District Uttar Bastar (C.G.) Bajarf Aliance General Insurance Company Limjted, Through : Branch Manager, Branch Office Shivmohan Vidhan Sabha Marg, Pandari, Raipur, Tahsiland District Raipur (C.G.) Claimed before Tribunal : Rs. 6,95,000/- Amount awarded by the learned Tribunal : Rs. 1,17,00/- Claimed in this Memo ofAppeal : Rs. 2,50,000/- Appellant had re-assessed his claim on the basis of the income and the multiplier which is to the applied according to the facts and circumstances ofthe case. ^ MISCELLANEOUS APPEAL UNDER SECTION 173 OFTHE MOTOR VEHICLE ACT. 1988 [-HC—78 STT^T ^FT (<^i<=b TT«H 3'TT^T $r>^icr> 'S'oET'^WId'M, ®^'M4t<°,^sl<vti'M1^ »lW<llshNicn 3TI^?TTra'^"('^3^t!T) ^RTTW^f^TCT^T S.B. Hon'ble Shri Justice N.K. Aaa 04.08.2009 Shri PP Sahu, Advocate fortt|e appellant. Heard onadmjssion. ^200^ ^N^raN -qra^f •? fe*<il <^^i< ^3tRm3^5T The instant appeat has been snhancement of compensation ag preferred by the appellant, seeking ijnst the award dated 29.04.2009, Ipassed by Motor Accident Claim^ Tribunal (FTC), Bhanupratappur, pistt. Uttar Bastar, Kanker(forshort|Tribunal'), jn claim case No. 25/08, lereby and whereunder an am|ount of Rs. 1,17,000/- atongwith jnterest @ 6 percent per annum ha^ been awarded as compensation in avour of the appellant for death of vtlfe of appellant. The brief facts of the case s|re that, on 08.03.2008 when Smt. pushila Shrivastava, wife of app^ <leceased);while returning from Rai| <j)ffending vehicte Jeep bearing regi^ Ijhe way,an unknown Truckdashed i|ijuries resultjng into her death. The appeltant i.e. husband 'llant, (hereinafter referred to as pur to ViMage Balod Gahan on the ratjon No. CG 19 T-0448, on the Jeep and deceased sustained of the deceased preferred an Ipplication before the Tribunal yn<|er Section 163 (A) of the Motor fehicles Act, claiming compensatioi|i to the tune of Rs. 6,95,0(X)/- for t eath of his wife. The Tribunal, on close scrutin^ ^e material available on the record of the evidence led by the parties, , and submissions 6f the parties, h \^ "g'sr •^n?n^fq, '^t^pTg', I^Riy ..............h.^.\....^.^3. ^200 3^T1^R?(^f3^^) ^i^T^lN^ ^T^II^^N' ^ Sahii ^fl^ b^en awarded total amount of Rs. 1,1" per annum as compensation jn wife. Shri Sahu, (earned coun^el submit that the amount awar^ed appropriate income has not submits that this appeal may be enhanced. 1 have gone carefully case. As per finding of the Trifcjunal, years and deceased was about been adduced by the appellant ttjiat is dependant on his wife. Th^refore dependent on the deceased wife| r,000/- alongwith interest @ 6 percent ^vour ofthe appellant for death of his ^el appearing for the appellant would is shocking on lower side as assessed by the Tribunal, and ^llowed and the compensation may be Looking to tbe age of the that the appellant cannot be award passed by the Tribunal warrant any interference. There^ accordingly dismissed. No order| ^T^fer^ 'HR^T ^ "fer^ Tfwgn ^'l^Rm'si?^i thr^ugh the award and the reeord of the I, the appellant is aged about 52 ^Q years and no cogent evidence has he is disabled so ^ to Infer that he », the appellant was infact not {appeilant and als©looking to the fact s^iid to be dependent on his wlfe, the just, proper, adequate and does not fore, the appeal is liable to be and is jasto costs. N.K. Agrawal Judge ^TRT^N ?NN K^T^?I^^'?3T?^—^S/95—11/2008—1,00,000.