'-^: HIGH COURT OF CHHATTISGARH AT BILASP UR DIVISION BENCH CORAM: HON'BLE SHRI N.K. AGARWAL & HON'BLE SHRI RANGNATH CHANDRAKAR, J J. Misc. Appeal (Cl No. 1205 of 2007 Appellants Claimants Vinay Kumar Singh, s/o late Amar Bahadur Singh, aged about 38 years, caste Rajput, occupation Shikshakarmi Grade-111, r/o. Vivekanand Colony, Jashpur, C.G. Rajesh Kumar Singh, s/o late Amar Bahadur Singh, caste Rajput, aged about 36 years, r/o Vivekanand Colony, Jashpur, district Jashpur C.G. VERSUS Sarhul Ram Bhagat, s/o Shri Kilaram Caste Uraon, occupation Business, aged about 47 years, r/o village Baghiya, district Jashpur C.G. (OWNER) Vivek Tamrakar, s/o Shri Dhup Tamrakar, aged abou 26 years, occupation Driver, r/o Nawatoli, Jashpur NagarC.G. (DRIVER) The Oriental Insurance Company Limited, Local Branch Office, Raigarh.C.G. (INSURER) IVIemo of appeal under Sectjon 173 of WIotor Vehicle Act Non-apDlicants 1 Respondents Present: Shri Roshan Verma, counsel for the appellants. Smt. Chitra Shrivastava, counsel for respondent No.3. .A.C.No. 1205 of 2007 ORDER •th (25InNovember,2011) The following order of the Court was passed by N.K. AGARWAL, J. This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Jashpur (for short 'the Tribunal') vide award dated 31.08.2007, passed in Claim Case No.34/2006. 2) As against the compensation of Rs.23,92,0007- claimed by the appellants/ claimants, unfortunate major sons of deceased Amar Bahadur Singh, by filing a claim petition under Section 166 of the Motor Vehicles Act, ftir his death in the motor accident on 09.09.2005, the Tribunal awarded a total sum of Rs.3,18,560/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held : the accident had occurred due to rash and negligent driving of the offending vehicle Marshall Jeep bearing registration No.C.G.-14/1274 by its driver Vivek Tamrakar; Amar Bahadur Singh died on account of the injuriessustained by him in the motor accident on 09.09.2005, the respondent No.3 the Oriental Insurance Company Limited was liable to pay compensation to the claimants as it could not establish violation of policy conditions; assessed and awarded aforesaid sum as compensation to the appellants/ claimants. .A.C. No. 1205 of 2007 4) Shri Roshan Verma, learned counsel appearing for the appellants would submit : the Tribunal has fallen in error in awarding low compensation of Rs.3,18.560/- Qnly which deserves to be suitably enhanced. 5) On the other hand, Smt. Chitra Shrivastava, learned counsel for respondent No.3, contended that claimants are major sons of deceased Amar Bahadur Singh; are not dependent on him and the amount of Rs.3,18,560/- awarded by the Tribunal itself is on the higher side and the appeal preferred by the appellants deserves to be dismissed. 6) We have heard learned counsel for the parties, perused the records ofthe Tribunal including the award impugned. 7) As per finding of the Tribunal the deceased was aged about 64 years at the time of the accident. The income of the deceased has been assessed by the Tribunal as Rs.7,914/- per month and Rs.94.968/- per annum. Taking into consideration the age of the deceased as 64 years, the Tribunal applied the multiplier of 5. After deducting 1/3 of the income of the deceased towards his personal expenses, assessed the compensation as Rs.3,16,560/-. T^he Tribunal further awarded Rs2,000/- under other heads and thus awarded a total sum of Rs.3,18.560/- as compensation along witfi interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. .A.C.No. 1205 of 2007 8) We have perused the record of the Tribunal and we find that the income of the deceased as Rs.7,914/- per month assessed by the Tribunal is on the higher side, inasmuch as to prove the above income no cogent and clinching evidence was adduced on behalf of the appellant. Furi:her the claimants are major sons of the deceased, aged about 38 and 36 years. Claimant No.1 Vinay Kumar Singh is Shiksha Karmi Grade-lll. Indisputably, the claimants are not dependent on the deceased. Looking to the age of the deceased as 64 years at the time of the accident, it can be said that the deceased may be dependent upon the appellants/ claimants. 9) When the matter is examined in the context of the above mentioned broad features of the case, in our opinion, there is no scope for enhancement of the compensation awarded by the Tribunal. 10) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation, is liable to be dismissed and is hereby dismissed. 11) No order as to costs. Sd/- N.K.Agarwal Judge s&'- R.N. Chandrakar Judge raju