HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIQNBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANTS Ci.AlMANT IfNNt; RESPONDENTS 1 M.A. (0 N0.1470 OF 2009 1 Mohit Ram S/o Sukhuram, aged about 43 years Smt. Parbhotin Bai, W/o Shri Moh'rtram age about 39years VERSUS Mahendra Kumar, S/o Sukhuram Sahu, aged about 30 years, R/o Village Purur, Tahsil Purur, District Durg (C.G.) Chiranjjlal S/o late Badriprasad, aged about 63 years, R/o Station Road, Dhamtari (C.G.) Chief Branch Manager, The Oriental Insurance Company Ltd., Mobin Mahal, Kachahari Chowk, Jail Road, Rajpur, District Raipur (C.G.) Mohd. Hanif, S/o Sheikh Suleman, aged about 52 years, R/o Risaipara Dhamtari, Tahsil and District Dhamtari (C.G.) Manager, The National Insurance Company Ltd., Lal Ganaga Shoping Complex, near Coffee House, G.E. Road, Raipur, Tahsil and District Raipur (C.G.) Shekh Afzal, S/o Shekh Anish, R/o Ri'saipara Dhamtari, Djstrict Dhamtari (C.G.) 6 MEMO OF MSSCELLANEOUS APPEAL UNDER SECTION 173 OF THE IVIOTORVEHICLES ACT. 1988 Present: Shri Sunil Sahu, counsel for the appellants. d? ORDER kth K (19tn November, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the appellants is heard on admissjon. 2) The appellants are seeking enhancement of the compensation awarded by the Tnth Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 19.08.2009, passed in claim case No. 127/2007. 3) As against the compensation of Rs.13,51,0007- claimed by appellants / claimants, unfortunate parents by filing a claim petition under Section 166 of the Motor Vehicles Act for the death of their son Krishna Kumar in the motor accident on 12.11 .2006, the Tribunal awarded a total sum of Rs.3.53,370/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4) The Tribunal assessed the income of the deceased at Rs.3,000/- per month and Rs.36,000/- per annum. By deducting 1/3 of the income of the deceased towards his personal expenses, the claimants' dependency was assessed at Rs.24,000/- per annum. By multiplying the annual dependency of Rs.24,000/- with the multiplier of 10, the compensation was worked out to Rs.2,40,000/-. By awarding further sum of Rs.1,05,370/- towards medical expenses; Rs.3,000/- towards funeral expenses; and Rs.5,000/- towards loss of estate, the Tribunal awarded a total sum of Rs.3,53,370/- as compensation ^ for the death of claimants' son Krishna Kumar in the motor accident. 5) Shri Sunil Sahu, learned counsel for the appellants vehemently argued that the tribunal has erred in not accepting the claimants' evidence about the income of the deceased; in selecting the lower multiplier of 10; and in awarding tow compensation of Rs.3,53,370/- only. 6) True, the claimants pleaded that their son Krishna Kumar used to get Rs.3,000/- as salary by working as a conductor and in addition to that, he was getting daily allowance of Rs.900/- per month. As the evidence led by the claimants in that behalf was not of clinching nature, the Tribunal assessed the income of the deceased on its own estimate at Rs.3,000/- per month. 7) On due consjderation we do not find any infirmity in the assessment of the income of the deceased by the tribunal at Rs.3,000/- per month. The Tribunal has been quite liberal in deducting only 1/3rd of the income of the deceased towards his personal expenditure though the deduction in that behalf could have been to the extent of 50% of the income of the deceased as the deceased on the date of the accident was un-married and after his marriage his contribution to the appellants would have been reduced substantially. 8) The multiplier of 10 selected by the Tribunal cannot be found fault with in view of the fact that the claimants are parents of the deceased and in view of the dictum of the Apex Court in -^r"" ^y^ ^ j' ';S^j|j||^ 1 '';@ £ 'Y '%^e:'^ padma the case of Municipal Corporation of Greater Bombay Vs. Laxman lyer and anofher, reported in (2003) 8 SCC-73. The multiplier in this case, where the claimants are parents of the deceased cannot exceed 10. 9) For the foregoing reasons we do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the assessment of the income of the deceased; or the claimants' dependency by the Tribunal; or the multiplier selected. 10) The appeal, ,filed by the appellants/claimants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge