HIGH COURT OF CHHATTISGARH AT BILASPUR Coram APPELLANTS CLAIMANTS DIVISIONBENCH HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUIVIAR SINHA, J. M.A.(C) No.785 of 2008 1. Bahalram Sahu, aged about 54 years, Son ofShri Chaitram; 2. Smt. Preminbai Sahu, agedabout 50 years, Wife of Shri Bahalram Sahu; Both resident of Village Khartora, Police Station Palari, Distrtet Raipur (C.G.) Versus RESPONDENTS 1. Satnam Bora, Son of Shri Tilokchand Bora, Resident of Village Salaguri, District Naogaon (Assam). 2. Bimalchand Das, Son of Shri Harikrishna Das, Resident of Village Dhing, District Naogaon (Assam). 3. Branch Manager, Nationat Assurance Company, M.G. Road, Naogaon (Assam). Memo of Appeal Under Section 173 of the Motor Vehicles Act. 1988 Present: Shri Prakash Mishra, leamed counsel for the appellants. ORDER (30th June, 2008) The following order of the Court was passed by Rajeev Gupta, C.J.: By aitowing I.A. No.02/2008, the documents filed aiong with this application are taken on record. 2. Shri Prakash Mishra, learned counsel for the appejjants is heard on I.A.No.01/2008, an application for condonation of delay in filing the appeal. 3. On due consideration, we are satisfied that the appellants have succeeded in showing sufflcient cause for the delay in friing the appeal. 4. I.A. No.01/2008, therefore, is allowed and the detay tn filing the appeal is hereby condoned. 5. Shri Prakash Mishra, learned counsel for the appellants is heard on admission. 6. This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accictent Claims Tribunal, Baioda Bazar (for short 'the Tribunai1) vide award dated 23-04-2007, passed in Claim Case No.165/2006. 7. The claimants, unfortunate parents of deceased - Bhagwani Sahu daimed compensation of Rs.18,72,000/- for his death in the motor accident on 28-01-2005 when his motorcycle bearing registration No. AS 01/W-917 was dashed by the offending vehicle - Truck bearing registration No. AS 02/3688, resulting in his instantaneous death on the spot jtself. The claimants further pleaded that their son was 26 years of age and used to get salary of Rs.5,000/- per month as Production Manager in Planto Copt Company, Guwahati. 8. The Tribunal on a close scrutiny of the evidence led before it held that the ctaimants' son Bhagwani Sahu died on account of the injuries sustajned by him in the motor accident on 1^^— 28-01-2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle - Truck; as the offending vehicle - Truck on the date of the accident was insured with National Assurance Company, the Insurance Company was liable to pay compensation to the claimants. 9. The Tribunal relylng upon the evidence led by the claimants about the income of the deceased, assessed his income at Rs.5,000/- per month. By deducting a sum of Rs.2,500/- i.e. 50% of the income of the deceased towards his personal expenses and the claimants' dependency was assessed at Rs.2,500/- per month and Rs.30,000/- per annum. By multiplying the annual dependency of Rs.30,000/- with multiplier of 11, the compensation was worked out to Rs.3,30,000/-. By awarding a sum of Rs.10,000/- under other heads, the Tribunal awarded a total sum of Rs.3,40,000/- as compensation to the claimants for the death of their son Bhagwani Sahu in the motor accident. The Tribunal further directed payment of interest @ 7% per annum on the above amount of compensation to Rs.3,40,000/-. 10. Shri Prakash Mishra, learned counsel for the appellants vehemently argued that the Tribunal has erred in assessing the income of the deceased at Rs.5,000/- per month only; in deducting 50% of the income of the deceased towards his personal expenses; in selecting lower multtplier of 11; and in awarding !ow compensation of Rs.3,40,000/- only. 17 4 1 ^" \f»^^ 11. The salary certificate of the deceased adduced In evidence by the dajmants before the Tribunal (Ex. 14) was to the effect that the monthly salary ofthe deceased was Rs.4,800/-. inspite of the same, the Tribunal assessed the income of the deceased at Rs.5,000/- per month. We, therefore, do not find any infirmity in the assessment of the income of the decea^ed by the Tribunal at Rs.5,000/- per month. 12. Deceased - Bhagwani Sahu was in service at Guwabati, whereas his parents were living in vitlage - Khartora in District Raipur. The deceased was unmamed and woutd have been married in due course. After marriage his contribution to the parents would have been substantjally reduced. We, therefore, do not find any fault in the approach of the Tribunal in deducting 50% of the income of the deceased towards his personal expenses. 13. The multiplier of 11 selected by the Tnbunal is rather on the higher side, in view of the dictum of the Apex Court in the case of Municipal Corporation of Greater Bombay Vs. Laxman lyer and another, reported in (2003) 8 SCC - 731, wherein it was held that in those cases where the claimants are parents ofthe deceased, the multipliershouid never exceed 10. 14. We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal either on account of the income of the deceased or the claimants' ctependency assessed bythe Tribunal orthe multipjier selected. w> 15. The appeal filed by the appellants for enhancement of the compensation, therefore; is liable to be dismissed and is hereby dismissed summarilv. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu -I