^ IN-APPLICAE 1 Naresh Age about 40 years S/o Punit Ram 2 Smt Lata Age About 35 years W/o Naresh Netam, of them are resident of Viliaae - Banbaghera, PS Somni Distt - Rajnandgaon (CG) 1 Kriparam Mandavi Age about 44 years S/o Bhikhari Ram Mandavi R/o Village - Banbaghera, PS Somni, Distt Rajnandgaon (CG) 2 Ramswaroop Nishad S/o Tukaram Nishad R/o Villa Peeperchedi, Distt rg (CG) 3 National Insurance Co Ltd., Through Branch Manager Kamthi Line, Rajnandgaon (CG) Appeai UnderSection 173 ofthe Motor Vehicles Act. 19i 'esent: Shri Rakesh Thakur, counsel for the appellants. 'neth »-„^ The followina order of the Court was ^ Shri Rakesh Thakur, learned counsel for the appellants is heard on admission. 2) The appellants are seeking enhancement of the ccmpensation awarded by the Additional Motor Accidents Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 04.07.2009, passed in Claim Case No.115/2008. 3) As against the compensation of Rs.21,22,0001- claimed by the appellants/ claimants, unfortunate parents of deceased Anuj Kumar Netam, by fiting a claim petition under Section 166 of the Motor Vehioles Act, for his death in the motor accident on 20.06.2008, the Tribunal awarded a total sum of Rs.1,99,800/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri Rakesh Thakur, learned counsel for the appellants vshemently argued that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased; in selecting the lower multipiier of 11; and in swarding IO'A' compensation of Rs.1,99,800/- oniy. 5) The Tribunal assessed the income of the deceased at Rs.70/- per day; Rs.2,100/- per month and Rs.25,200/- per annum. By deducting 1/3 of Rs.25,200/- towards thejsersonal expenses of the deceas&d, the claimants' dependency was assessed at Rs.16,800/-. By muitlplying the annual dependency of Rs.16,800/- with the multiplier of 11, the compensation was out to Rs.1,84,800/-. By awarding further sum of ^^^\ Rs.15,000/- under other heads, the Tribuna! awarded a total sum of Rs.1,99,800/- as compensation. 6) True, the claimants pleaded that deceased Anuj Kumar Netam used to earn Rs.100/- per day as labour. 7) Even assuming the income of the deceased at Rs.1 OO/- per day; Rs.3,000/- per month; and Rs.36,000/- per annum, as pieaded by the claimants; the annual dependency of the claimants would not be more than Rs.18,000/- per annum as 50% of the income of the decessed would be deducted towards his persona! expenses considering that the deceased at the time of the accident was unmamed and after. his marriage, his contribution to the parents wouid have been reduced substantially; as the claimants are parents of deceased, the multiplier cannot be more than 10 in view of the dictum of the Apex Court in the case of Munscipal Corporation of Greater lombay Vs. Laxman lyer and anather, reported in (200^ »CC-73; by multiplying the annual dependency of Rs.18,000/- with the multlplier of 10, the compensation works out to Rs.1,80,000/-; by awarding further sum of Rs.5,000/- towards funera! expenses and Rs.5,000/- for loss of estate, .the claimants become entitled to get a total sum of Rs.1,90,000/-, whicMs:less than the amount of Rs.1 ,99,800/- awarded by the Tribunal. 8) For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded bv the Tribunal. t ^- 'x ^. s .»» 9) ^ The appeal filed the appellants/ claimants for enhancement of the compensation, therefore, Is liable to be dismissed and is herebv dismissed summarily. Sd/- Chief Justlce subbu Sd/- T.P. Sharma Judge