HIGH COURT OF CHHATTSSGARH AT BILASPUR Division Bench Coram:- Hon'ble Shri Jagdish Bhalla, Acting C.J. & Hon'ble Shri Dilsp Raosaheb Deshmukh, J. IVI.A(aNo.540of2007 Appellants Ciaimants Respondents Non-appiicants 1. Kuharami Lache, W/o Shri Kuharami Hidma, aged about 22 years 2. Kuharami Deva, S/o Late Shri Kuharami Hidma, aged about 1 years 3. Kyharami Budha, S/o Late Shri Deva, Aged about 45 years 4. Kurami Pise, W/o Kuharami Budha, aged about 40 years Ail appellants R/o Viilage Lakhapara Rakel, Thana Kukanar, District Dantewada (CG) VERSUS 1. Kurami Gangaram S/o Devaram Kurami, R/o Dhobanpal, Thana Sukma, District Dantewada (CG) (Owner of Vehicle) 2. The New India insyrance Company Ltd. Through the Branch Manager, Near Jhankar Taikies, Jaipur road, Jagdaipur (CG) A&eeaLynder Section 173 of Motor Vehicie Act1988 Present: Shri Alok Dewangan, counsel for the appellants. ^RALQRDEFT (Passed on 18 June,2007) The foliowing orai order of the Court was passed by Diiip Raosaheb Deshmukh, J. Heard. (1) Being aggrieved by the impugned award dated 24.01.2006 passed by Gourt of learned 'Additionai Motor Accidents Ciaims TribunajlL Dantewada in claim case No.127/2005, the appellants have preferred this appeal. (2) The only point urged by the learned counsel for the appeilants in this appeal for enhancement of compensation in a death case is that the daiiy wage of the 25 year old deceased Madvs Deva, a tribal living in a remote triba! area of Sukma in Dantewada was wrongiy taken at Rs.80/- by the iearned Tribunai. Learned counsel for the appeilants did not assail the compensation awarded under the conventional heads by the learned Tribunal. (3) Having heard the iearned counsei for the appellants and after perusing the impugned award, we are of the well considered opinion that the learned Tribunal has, in the facts and circumstances of the case, rightly assessed the daiiy income of the deceased at Rs.80/- and assessed loss of dependency at Rs.2,88,000/-. (4) In this view of the matter, adding the amount already awarded by the tearned Tribunal under conventional heads, the compensation of Rs.3,73,000/- awarded by the Tribunal is, in our well considered opinion, just and reasonable compensation and calls for no interference. Pr'.ya (5) As^j'esy}t_the aooeai bein^devold of any mentjs^dssmissed. Sd/- ! Ag. Chief Justice Sd/- Dilip Raosaheb Deshmukh i Judge \,