r "!N ^' ^A L |T?>4 HIGH COURT OF CHHATnSGARH AT Bll.ASPUR SinateBench : Hon'bt^atriDlljpRaosahebDeshmukh.J. Miscellaneous Aopeal (Cl (PR) No.1123 of 2008 ABBetlant (Non-aoolicant No.3) ResDondents (ADDlicantNo.1 tAepiKgintNo.Z (ApDlicantNo.3) (ADDlicantNo.4) fADDlicantNo.4) fNon-aoplicant NoJ) {Non-aBplicantNo.2} United India Insurance Company Limited; Branch Office Korba, Through Its Divisional, Manager, Divisional Office, Main Road,; Korba, Distt Korba (CG) ; Versys 1. Shyam Bai, VWo Late BihariSJngh, aged 39; years i i 2. ItwarSingh, S/b Late Bihari Singh, agetf 19 | years, : ] 1 3. Prem Singh, S/b Mohan Sirgh, aged 61 | .years: • . ! • :| 4. Jitkuhvreir,VWbPremSingh,aged58yeare .i j 5. Shatrughan Singh, S/o Prem Singh Kanvrar,) j agectZSyeare, ; II All are 'R/o Village TanaWiar, P.S. & Tah-i | Katglnora,, Di^t. Korba (CG) . 6. Ramsharari, S/o Khoibatira, R/o Gajra Side, | | Banki^Mongra,,P.S. Bartki, Tah. Katghora,') Distt.|Korba(CG)- , | ) (TruckDriver) II 7. Smt. Sukhjeet Kaur, VWO! Trilok Singh, R/o i j H.S. Complex T.P. Nagar, Korba, Distt " i Korb^(CG)fTruo^Onwer) ! APPEAL UNDER SECTION 173 OF THE WIOTORVEHieLES ACT. 1%8 Present: Shri Dashrath Gupta, counsel for the appellant. ORALORDER (Passedon 114.11.2008), Heard on application dated 01/08/2008 for taking certified copy of order passed under Sectibn 170 ofthe Motor Vehicles Act, 1988 and money deposjt receipt on record. ! 2. Application dated 01/08/2008 is allowed and the documents are taken on record. • __— 4- i 1 l.: -'2 - Iffli ;lt •/"• ;Priya 3. Heard on admission. 4. This is an appeal by the insurer. The Additional Motor Acciderrts Claims Tribunal, Katghora (henceforth 'the Tribunal') in a claim case No. 294f2007 awarded compensation of Rs.2,27,000/- in case of an accidental death of Ku. Parmeshwari, aged 14years. 5. Permission was granted by the Tribunal under Section170 of the Motor Vehicles Act to fhe appellanVinsurer to contest the claim case on all: available grounds. Statutory deposit under the proyiso tosub-Section (1) :of Section 173 ofthe Motor Vehicles Act has been made. 6. ShriDashpath Gupta, learned counsel for the appellanthas placed' reliance on Malyu Devi and another vs. MusaW Paswan and anathw, 2005 (1) T.A.C. 6(»(S.C.) and arguedthatthe Tribunal ought to havej awarded compensation of Rs.2,25,000/- only andnot beyond that. No othen pointwas urged. - : 7. Having considered the submission of learned oounsel for thei appellant, 1 have perused the impugned award and in particular Raragraphi 25. I am of the considered opinion that the compensation awarded by the| Tribunal is just and reasonable lcompensation and cloes npt call any! interference in this appeal. So fanas thecase,of Manju Devl andanotlier] vs. Musafir Paswan and another (supra) is concerhed, it has to be borne in| mind that in that ease the accident had ooourred on 2nd July 1998 and tHe| Supreme Court hasawarded compensation of Rs.2,25,000/-. In the present] oase, the aocidentocourred on 28.11.2006. Considering the steepfall in thei value of money, lam of the considered opinion that thecompensationj awarded by the Tribunal cannot be faulted with. ;| 8. This appeal has no merit and is aocorclingly dismissed. Applicatiohl dated 31.07.2008 for grant of stay is alsd dismissed. ^ws^ws ,hmu I 1 E