HK3H COWtT OF CHHATTSGARH AT BILASPINI DIVISION BENCH CORAM: W»rBLESHraRAJEB/GUPTA,CA HORTBLE SHRI SUNIL KUMARSWat^ J. ApDellants Clalmants Misc. Apneal No. 804 ^2003 1. Murikihar Agrawal, age6 abeut SO yeara.Sto lateRam Gopal ^tawal, R/o Nayapara (Rajim>,-dlstt. Raipur (©.G.) 2. Mre. ShssNlata Ayanwat, age about 42 yeareWto MuriklharAgrawd R/o Nayapara (Rajim), disXt. Raipur{O.G.) Responttents Versus 1. Chet Ksm Barflare, age about 32 '. ^ars, SA)Flrfai BaiRJja ,{;yc»(ttenair Hs^HKt Raipur (C.G.) 2. Bhupendra Singh Thakur, sge atx»it 3S yeasrs, §lo (36aS<aar Singh Thaleur R/o behind Mandir Hssoud Lattdl Tall Rafpur (C.G.) 3. National Insurance Co. Ltd. Marebeen Mahat, G.E. Road, Raipur (G.©.) Miscellaneous apoeal under Sectton 173ofN» lyhrtWVaiictes Act Present: Shn Sunil Stanna, leamed counael fwthe appeUairts. None<orrespoml®iteNo.1and2Uwu9h®nttttj| . Shri Shree Kumar Agramreil, leamed Santor Ct^instf with Shri AnandGupta, No.3. ORDER (19u'August,20t<)) The fottowtng order of ttie Cairt was fass^d by Rsgeev Gupta, CJL ^ ^.^ The unfortunate parente of deceased Samir Agrawal are the appellants before us !n this appeal <br enhanoement of the compensation awarded by the Third Additional Motor Acoi^nt Claims Tribunal, Raipur, (for short the Tribunal') vide awaret dated 19.09.2001, passed in Claim Case No.22/1999. 2) Deceased Samfr Agrawal, a boy aged about 17-18 yeare died on account of the (njuries siratained by hlm in the motOT acciclent on 10-12-1998 when hfe motorcycte bearing regislration No. M.P.23/N.B.7119 was dashed by the offending vehicle Truck bearing r^i^ration No. MIT-9^3, resulting in his instantaneous death on the spot iteelf. Deceased Samir Ayawal was a regular student of 11 sfandard. 3) The Tribunalon a close scrutiny of the entlre wdderxse led before it held that the claimants' son Samw Agrawal died on account of the injuries aistained by him in the mrtor araAlent on 10.12.19^; the accklent occurred due to rash and negligent drivlng of the driver of the offending vehrele Tnrck; as the ofliaidmg vehteile Truck on the date of the accident was insured wlth Nie National Insurance Company Limtted, the Insurance Companyvas liable to pay compensation to the elaimants. 4) The above findings recorded by the Trtt>unal have now attained finality as the respwidents hav®not fited any appea\ against the award. 5} The Tribunal instead of assessing the inconro of the deceased; the clalmants' dependency; and mulW^ying ttie annual ..' "^3;"%. '<'s ''./ v sasf dependency with the appropriErte multiplier, awarded tunnpsum of Rs.75,000/- to the clahnants for the death of their son Samir Agrawal. In addftion to ttie above, the Tribunal awarded further sum of Rs.29,200/- under other heads. The Trtounal, thus, awarded a total sum of Rs.1,04,^X)/- as compensation to the Glaimants for the death of thelr son Samir Agrawal In ttw metor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,04,200/- @ 10% per annum from the date of fillng of the daim petition till e ctete of actual payment. 6) Shri Sunil Sharma, leamed counsel for the appeltants vehemently argued that the Tribuna) has erred fn a^essing lumpsum compensation of Rs.75,00(y- and In awrding low compensation of Rs.1,04,200/- only. 7) Shri Shree Kumar Agrawal, (eamed Senior Counset for respondent No.3 the Natiodal Insurance Company Limited en the other hand supported the award and oontended that as deceased Samir Agrawal on the date of the accident was not having any independent income of his own, the compensaUon of Rs.1,04,200/- awarded by the Tribunat is ju^ and proper compensatton in the facts and circumstances of the present case; 8) Deceased Samir Agrawal was aged about 17-18 years on the date of the accident. He was studying in 11 standard. The claimants are parents of deceased Samir Agrawal. ClaimantNo.1 Muriidhar Agrawat, father of the deceased was aged about s^^utLaut:uaii 48 years where as the other claimant Smt. Shashilata Agrawal, mother ofthe deceased was shown to be aged about 42 yeare. 9) Considering alt the relevant Eepects of the matter, we are of the opinion that further anward of Rs.^,000/- inclushre of intereat component on the enhancedamount of compensation would make the compensation of Rs.1,04,20Q/- awarded by the Tribunal as ysst and proper compensation in the fects and ciroumsteiwes of tiie present case. 10) The appeal fited by the appellant^ clsAnants for enhancement of the compensation, therefore, Is atliwed in paft. The appellants/ claimants are awarded ftirther sum of Rs.45,000/- inclusive of interest component on the enhanewl amount af compensation, in addition to the sum of Rs.1,04,200/- awarded by the Tribunat. 11) Respondeht No.3 the National tnairance Cwnpany Limtted is granted three monttis' time for dqsositing the total sum of Rs.45,000/- before the conceming clain®Triburral. 12) No order as to costs. s<v- ChiefJustice Sd/- SunilKumar Jud§e Sinha ^ suK.bu .L: ^-^•^-^k^^';'-