'^ "~7- Bench IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR CC.G.) MISC. APPEAL (Q N0^7-fc OF 2011 APPELLANTS 7" ^ Bhushan Patel, S/o Badku Ram Patel, aged about 40 years, Smt. Bhagwati Bai, W/o Bhushan Patel, aged about 39 years, ^ ^t2^>" ^ €R>V" V Both are R/o Viliage Chhatouna ^ .-y" y ^^ N\' (Farfoud), Police Station Arang, District Raipur (C.G.) VERSUS p^sSPONDENTS 1. Rambagas Dhivar, S/o Khem Singh, R/o Village Kesla - Kharora, Pollce Station Kharora, District Ralpur (C.G.) (Owner of Motorcycle No. C.G.04J- 5327) Ifko Tokiyo Generai Insurance Company Limited, La! Ganga Shopping Mall Compiex, G.E. Road, Raipur, District Raipur (C.G.) (Insurer) Claimed before Tribunal : Rs. 20,00,OOO/- Amount awarded by the learned Tribunal : Rs, 2,12/000/- Claimed in this Memo of AppeaS : Rs. 2,75,000/- The appellants have re-assessed the claim value in the instant appeal on the basis of the evidence and the material availabie on the record as weil as his income. MISCELLANEOUS APPEAL UNDER SECTION 173 OFTHE MOTOR VEHICLE ACT. 1988 ^ HSGH COURT OF CHHATTISGARH AT BiLASPUR Misc. Appeal (0 Ho. 726 of 2011 Bhushan Patel and another. APPELLANTS CLAIMANTS RESPONDENTS Versus Rambagas Dhivar and another. Miscellaneous appeal under Section 173 ofthe lyiotor VehidesAct.1988 S.B: Hon'bie MrJustice N.K.AaarwaJ Present : Shri P.P. Sahu, counsel for the appellants. ORD_E_R (18.08.2011) Heard on I.A. No. 1/2011 whtoh is an application for condonation of delay in filing the appeal. 2. On due consideration, 1 am satisfjed that the appellants are succeeded in explaining the cause of delay in filing the appeal and, therefore, the appjication (i.A. No.1/2011} is aliowed. Delay in filing the appeal is condoned. 3. Heard on admission. 4. This is claimants' appeal for enhancement of the compensation awarded by the llnd Additionai Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 09.03.2011 , passed in Claim Case No.58/2010. 5. As against the compensation of Rs.20,00,000/- claimed by appellants/claimants, unfortunate parents of deceased Narendra Patel by filing a claim petjtion under Section 166 ofthe Motor Vehides Act for his death jn the motor accident on 29.12.2009, the Tribunal awarded a total sum of Rs.2,12.000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition tiil the date of actuaj payment. 6. Learned Tribunal, on a close scrutiny of the entire evidence led before it, held; the accident had occurred due to rash and negligent driving by the driver of offending vehicle truck bearing "% ^. ^SSS^i. vl •^m&^ 'j '^ ^ ./ ./ y^' .-^ <v 1 registration No. CG 04J 5327; the respondent No.Z'lfko Tokiyo Generai tnsurance Company Limjted is responsibSe for payment of compen^ation; assessed and awarded aforesaid amount of compensation to the appellants/claimants for the death of their son In the accident. 7. Shri P.P. Sahu, iearned counsel appearing for the appeilants wouid submit : the learned Tribunal has failen in error in not considering the future prospects of the deceased and thus has erred jn awarding low amount of compensation. ^ 8. I have heard learned counsei for the parties and perused the record of the Tribunal including impugned award. 9. True, the income of the deceased has been pleaded by the ciaimants as Rs.4,000/- per month but the claimants could not establish the same by leading cogent and clinching evidence therefore, the approach of the TribunaT jn discarding the above evidence and in not accepting the above income of the deceased cannot be found fault with. The learned Tribunal on its own estimate has assessed the income of the deceased as Rs.3,000/- per month and Rs.36,000/- per annum. Since the appellants/ctaimants are parents of the deceased and not dependants upon the deceased, the learned Tribunal has rightly deducted 50% of income of deceased towards his personal and living expenses. By applylng the principle laid down by the Apex Court in the case of Municipal CorDoration of Greater Bombav Vs. Laxman Iver and another, reported in (2003) 8 SCC 731 wherein it was held that in those cases where the clajmants are parents of the deceased; the multiplier shoutd never exceed 10, learned Tribunal has rightly applied multipljer of 10. Thus, the learned Tribunal has rightly awarded a sum of Rs.1,80,000/- on account of loss of dependency. The learned Tribunal further awarded a sum of Rs.20,000/- for medical expenses, Rs.10,000/-for love and affection and Rs.2,000/- for funeral expenses of the deceased and thus awarded total amount of compensation to the tune of Rs.2,12,000/-. Looking to the facts and circumstances ofthe case, the compensation of Rs.2,12,000/- cannotbe said to be on lower side. >"t;:^' 10. The job of the deceased was not proved to be of permanent nature and, therefore, the learned Tribunal has not committed any iilegality jn not considering the deceased's future prospects whiie assessing the monthly income of the deceased. 11. For the foregoing reasons l do not find any scope for enhancement of the compensation awarded by the Tribunal. 12. The appeal filed by the appellants/claimants for enhancement of the compensation, therefore, fails and is hereby dtsmissed. 13. No order as to costs. Sd/- N.K. Agarwal Judge