^ HIGH COURT OF CHHATTISGARH AT BJLASPUR DSVISIQN BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. Misceltaneous Appeal (Cl No. 478/200fi Appellants 1 Smt Sunita Singh, Wd/o Late Shri Ashok Singh, aged about 47 years (CG) 2 Ashish Kumar, S/b Late Shri Ashok Singh, aged about 26 years 3 Atul Kumar Singh, S/o Late Shri Ashok Singh, aged about 24 years 4 Abhishek Kumar, S/o Late ShrS Ashok Singh, aged about 22 years 5 Anuj Kumar, S/o Late Shri Ashok Singh, aged about 20 years 6 Smt Chandra Devi, W/o Late Kodu Singh, aged about 67 years All appellants are Residents of Village - Patna, PS Amtaj, Tahsil - Anuppur, Distrtet -Shahdol(MP) VERSUS 1 Ganesh Prasad Agrawal, S/o Shri Laxman Prasad, aged about 78 years, R/o Village ~ Dhanpuri, PS Amlai, Tahsil - Sohagpur, District Shahdol (MP) Owner 2 Ashok Tiwari, S/o Shri Mohan Ram Thwari, aged about 53 years, R/o ViSSage - Devhara, PS Amlai, Tahsil - Anuppur, DJstrict-ShahdoJ(MP) Insurer 3 The New tndia Insurance Company Limited, Branch Shahdol, Tahsil -• Sohagpur, District Shahdol (MP) MSsc Appeal under Section 173 ofthe Motor Vehicle Act Respondents Present: IVIs Sunifa Jain, counset for the appellants. ORDER {11th September, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Ms Sunita Jain, learned counsel for he appellants is heard on IA No.1/2008, a petition for condonation of the delay in flltng the appeal. 2) On due consideration of the submissions of learned counsel for the appellants and the grounds taken in the application, we are satisfied that the appellants have succeeded in showingsufficlent cause for the delay in filing the appeal. 3) IA No.1/2008, therefore, is allowed and the delay in flling the appeal is hereby condoned. 4) Ms Sunita Jain, learned counsel for the appellants Is heard on admission. 5) The appellants are seeking enhancement of the compensation awarded by the ThSrd Additional Motor Accident Claims Tribunal, Bilaspur (for short, 'the Tribunal') vide award dated 25.10.2007 passed in Claim Case No.204/2007. 6) As against the compensation of Rs.11,88,000/-, claimed by the appellants / claimants, unfortunate widow, children and mother of deceased Ashok Singh by filing a claim petition under Sectlon 166 of the Motor Vehicles Act for his death in the motor accident on 16.04.1990, the Tribunal awarded a total sum of Rs.4,22,500/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition till the date of actual payment. i'' ,,,^-A^^ ^\1 € ^sz.^' :""^'^^"~' 7) Ms Sunita Jain, learned counsel for the appetlants vehemently argued that the Tribunal has erred in awardtng low compensation of Rs.4,22,500/- only. 8) Though the claimants pleaded that deceased Ashok Singh used to earn Rs.2,131/- per month as Upper Division Teacher and Rs.50,000/- per annum from agriculture, the evidence led in regard to the income from agriculture was not of clinching nature. The Tribunal, therefore, assessed income of the deceased at Rs.3,CX)0/- per month and Rs.36,000/- per annum. 9) On due consideration, we do not flnd any infirmity in the assessment of the income of the deceased by the Tribunal at Rs.3,000/- per month and Rs.36,000/- per annum. 10) The claimants' dependency also has been rightly assessed by the Tribunal by deducting the usual 1/3rd of the income of the deceased towards his personal expenses. 11) The multiplier of 17 selected by the Tribunal cannot be said to be on the lower side considering that deceased was agedabout 30 years on the date ofthe accident. 12) For the foregoing reasons, we do not flnd any scope for enhancement of the compensation awarded by the Tribunal. 13) The appeat, filed by the appellants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- N. K. Agarwal Judge padma