-TKC-^8 •ySSf ^ll^lcil^, ®T{1'M'IS,RlCiiyy "'•s5aS!3S!S'!i'" ^^ *<INcfll *t||ab "^ 200 OT^T iraq? Cq?fg?Rar) 3D^!I ?iT R-fi* '^sfT 13TT^?T sfKliqi '•-..(•• ^RIIWHfeT SIT^iT ShriAzad Siddique, Hon'bie Shri Justi 'bWtd'Jl'f tW^ ^lfS^S <ril«<l< ^7 siRpr .sii^r Ramesh Kumar, S/o late Bhukhau Satnami, Aged about 34 years. Das S/o !ate Bhukhau Satnami, Aged about 37 years . Sav/al Das, S/o late Bhukhau Satnami, Aged about 40 years, Al are resident of Vili. Baigakapa Police Station - la]pur,Tah. -Lormi, District Biiaspur (C.G.) Lakhan Lai, S/o Sakoii Ram Gandharva, Aged about 41 years, DriverVehicle No.CG-12/ZC/1136, R/'o Viilage Tusi Ghat P.S. & Tah. - Lormi, District Biiaspur (C.G.) Umashankar , S/o Kejaram Patiey, Aged about 36 years, Owner Vehcile NO.C.G.12/ZC/1138, R/o Viil. Khamharia, P.S. Hardibazar, District Korba (C.G.) National Insurance Company Ltd., Minu Complex, District Korba (C.G.) 173 of the iWotor Vehicles Act. Counsel for the appeilant. fce Sunil Kumar Sinha, J. (06.11.2 " .78 31I^T?iT R-IW) '?Tsn'3TR?T ^RRF 75^ '^WM^, Wrfiv'Ko, [^(ftwy, Hwm **11* ^......M..l9.:.jCO....-..fl-sa.|...&.7....wT,—2efr an^?r ira^? (ij,<lfF-i°iiiff) ^awgfet sii^i -Z-- CBt The appeilants/clai Section 173 of the Motdr 20.07.2007 passed by K4ungeli, District Bilaspur ir| Learned counsel fol was aged about 58 years of 8 ought to have been argued that the deceased mi!k, which has not been| contrary to the record. Having heard perused the impugned aw^i So far as age of th4 award, leamed Tribunal h4 A/3), inquest report (Ej postmortem report (Ex.A/^) 62 years, thsrefore, in vie^ fo the conclusion that the based on materia] availayi perverse and contrary to tili csrafelift't •»T)'qciyTf.f^t ^R<?K ^T SlfiPT SlI^fT iijnants have preferred this appeal under Vehicles Act for enhancement of the b^ing aggrieved with the award dated Ac|ditional Motor Accidents Claims Tribunal, Ctaim Case No.43/2006. the appelfants argued that the deceased ^t the time of accident, therefore, multipiier ^pplied instead of muitiplier of 5. He also was earning Rs.100/- per day by se'ling believed by the Tribunal. This finding is earrfed counse! for the appeilants, we have rd. deceased js concerned, in para 17 of the i^s recorded that in the merg intimation-(Ex.- |<.-A/4), and also in the requisition and ), the age of the deceased was written as of these documents, the Tribunal reached c|eceased was aged 62 years. -This finding is ie on record, which cannot be said to be |e record, therefore, the Tribunal has rightly r" sii^i ?n ft'fi'ti '^STT 3TI^ *+li<*> '-' ^sei •^ww^, •s-^ww, [^v'iW'^ ^raw ^^-.-^.•.ft."^..^...as>a.(.4...^ 200 w^r 'WRK (4<iiF-i,«i<tr) ^TreR ^rf?^ ^TI^T -3. reached to the conciusion and a correct multiplier of ^ In view of the abo\| finding ofthe Tribunal. So far as income No.1 fiied an affidavit sayii) which shs was earning Rs| svidence, the Tribunal re^ were not able to esta'olishl Rs.100/- per day by se!lin| deceased has been income. This finding look) correct and after deductind remaining 2/3rd i.e. Rs.1C| income. This finding also| legality or infirmity. !n view of the abo1 there is no merit in this and is dismisssd at the md ^tT'tlfe^ft'T^lW^l'^fe^ <^'(^.R ^sifOTsn^i that the age of the deceased was 62 years has been applied. |e, there is no illegality or infirmity in this i^ concerned, Ramesh Kumar - appeSlant [g that his mother was ssliing mi!k, through .100/- per day. After considering the abovs lched to the conclusion that the daimants |and prove that the deceased was earnins b milk and ultimately, the yearly income of as Rs.15000/- on the basis of notional Ina to the material avaiiabie on record is 1/3 expenses of the deceased on herseif, ,000/- has been assessed as the loss of cannot be said to be suffering from any e, we are of th.e con i! and the same is ti ion staas itsetf. opinion tnai e to be dismissed Sd/- L,C. Bhadoo ie Sd/- Sunil Kumar Sinha Judge