i^su r*-< 1^20 ^' i^! !<^1 101 IVS^-ia^ S ^S Smt. Rukmani W/o Maiik, aged about 30 ^f'- S! 2. Rajkumari D/o Shyamlal Maiik, about 14 years. '.3. Raikumar ivamlal lalik, Ku. Omkui Aged about 2 % years. Ku. Meena D/o Shyamlal Malik, Aged sbout 15 dsvs. Sukharu S/o Jumraj Maiik, aged 11UI OI11L AE-.-S, ii sr\ *„ 3DOUI OU V^ Appeiiants No.2 to 5 are through natura! Guardian Moths Rukmani Bai, All are residence oi Viliage Rangora. Thana tes Distt. Raipur (G.G.) Prs at Mandioarc D^hniir^ T' iU i-JUI Sl, ; isiuiny U QUi^ Distt. SV1 RPSS'flMnF'uTS riSuOf^^^^^^ ii -5S 2. Bhagirathi Sahu S/o Unknown, Go'v't. Vehicle Driver, Forest Area Devpur, Thana - Kashdoi, Distt. Raipur (C.G.) DivisJona! Forest Officer, range Mahasamund, Distt. Mahasamund -'•"? /f^- ^ ^ i..\-^ . "•^5 . :t •<i;, ff-:^':S-":,^:.S.E5-~^'~s s"i.'a' SB^?.S~-I ^3<.^? EV^^BUlR^^^U!':iE 01 syi^v^ MiJ*j *s?^ ^s 4.E L^r ^^:rt'^s^n l:mi s^f t ^E ^%^R,|SLjEii' ^S-vS 6JS 1 EOi Vehlcles \! Present: Shri Sunif Sahu, learned counsel for the appellants. The fol ith er of the Court was Shri Sunil Sahu, learned counsel for the appellants is heard on i.A. No.01/2008, an application for condonation of delay in filing the appeai. 2. On due consideration, we are satisfied that She appeilants have succeeded in showing sufficient cause r'or the delay in filing the 3. !.A. No. 01/2008, 'therefore, is ailbwed and the delay jn filinj 4. Shri SunilSahu, learned counsel for theappellants is heard on admission. 5. This is daimants' appeai for enhancement of the compensatlon awarded by the Second Additional Motor Accldent Claims Tribunai, Mahasamund, (for short 'the Tribunal') vide award dated 18-09-2006, passed in Motor Ciaim Case No.68/2006. 6. Asagainst the compensation of Rs.41,20,000/- olaimed by the claimants, unfortunate widow, minor children and father of deceased- Shyam Lal for his death in the motor accident on 18-02-2006 when the Truok bearing registration No.C.G.-02-1803 in which he was travelting from Gidpuri Forest to Pithora overturned due to rash and negligent driving of its driver, resulting in muitiple serious p •fA.. •' 1;1 ^-r"?':W^WT ''«... i ^.J/ ^ '%-wf?f,/ '^x^^' "•••VfQs^eSy injuries to Shyam Lal, who succumbed to those injuries the same day in the hospital, the Tribunai awarded a total sumof Rs.4,80,000/- as compensation along with interest @ 6% per annum from the date of flling ofthe c!aim petition till the date ofthe actua! payment. 7. Shri Suni! Sahu, iearned counsel for the appeliants vehemently the Tribuna! has erred in assessina the incomeof the deceased at Rs.100/- per day and Rs.3,000/- per month and in awarding !ow compensation of Rs.4,80,000/- oniy. 8. Theclaimants pleaded that deceased - Shyam Lal was working as Contingency Labour in the Forest Department. NAW-1 - Udai Singh, Forest Ranger has categoricatly stated that the average income of the deceased was Rs.100/- per day. In view of the evidence of NAW-1 - Udai Sjngh,We do not find any infirmity in the assessment of t'ne.ineome of the deceased by the Tribuna! at Rs.100/- per day and Rs.3,000/- per month. The claimants' dependency aiso has been rightiy assessed by the Tribunal by deductlng only 1/3 of the income of the deceased towards his multipiier of 17 selected by the Tribunal CQnsidering that deceased—Shyam Lal was 35 years of age on the date of the accident is rather on the higher side, in view of the dictum of the Apex Court in the case of Mew fodte Assurance Co. Ltd. Vs. »ers.reported in 2007 ACJ 825. 9. VVe, therefore, do not find any scope for enhancement of the by the Tribunal either on account of the assessment of the income of the deceased or the claimants' dependency by the Tribunal or the multjplier seleeted. . •-r.-^^Wf^,, '""^ /'•".^•^. "^. !? '&%.. 1 L'? subbu The apDea by the appellants for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- Kumar Sinha