NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 243 of 2021 1 - Smt. Pancho Bai Nishad, W/o Late Mohan Nishad, aged about 52 years, R/o Village Boirgaon, Police Station Khallari, Tahsil Baghbahara, District Mahasamund Chhattisgarh 2 - Tikeshwar Nishad, S/o Late Mohan Nishad, aged about 28 years, R/o Village Boirgaon, Police Station Khallari, Tahsil Baghbahara, District Mahasamund Chhattisgarh 3 - Smt. Indrani Nishad, W/o Chamman Nishad, aged about 35 years, and D/o Late Mohan Nishad, R/o Village Pidhi, Police Station Tumgaon, Tahsil And District Mahasamund Chhattisgarh (Applicant /claimants) --- Appellants Versus 1 - Mansingh Sahu, S/o Mohan Lal Sahu, aged about 24 years, R/o Village Charouda, Police Station Khallari, Tahsil Bagbahara, District Mahasamund Chhattisgarh (Non Applicant No. 01) ..... (Driver of Vehicle Platina Bearing Registration No. Cg 06/ge/4672) 2 - Prabhu Lal Sahu, S/o Late Ghanaram Sahu, aged about 55 years, R/o Village Dhansuli, Ward No. 07, Police Station, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 02) ..... (Registered Owner of Vehicle Platina Bearing Registration No. Cg 06/ge/4672) 3 - The Branch Manager The Shriram General Insurance Company Limited, Through Branch Manager, Branch Office, Maruti Height Building, 4th Floor, Mohaha Bazar, Raipur District Raipur Chhattisgarh (Non-Applicant No. 03) ..... (Insurer Of Vehicle Platina Bearing Registration No. Cg 06/ge/4672) --- Respondents _____________________________________________________________________ For Appellants : Ms. Pooja Yadav, Advocate appeared on behalf of Shri Shivendu Pandya, Advocate. For Respondent Nos.1 & 2 : Shri Kripesh G. Kela, Advocate. _____________________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput Order on Board 27. 04.2026 1. This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) by the appellants / Claimants have challenged the legality, correctness and judicial propriety of the award dated 05.03.2020 passed by I ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2026.04.30 12:55:52 +0530 -2- Additional Motor Accident Claims Tribunal (for short “Tribunal”), District – Mahasamund (C.G.) in Claim Case No. H-127/2018. 2. By the impugned award, against a claim of Rs. 31,92,000/-, the learned Tribunal has awarded a sum of Rs. 5,16,000/-, along with interest at the rate of 7% per annum, as compensation in favour of the appellants/claimants on account of the death of deceased Narendra Nishad in an accident that took place on 18.12.2017, due to the rash and negligent driving of the offending vehicle, namely Platina motorcycle bearing registration No. CG/06-GE/4672, driven by respondent No. 1, owned by respondent No. 1, and insured with respondent No. 2 (Insurance Company). 3. As per pleadings in the claim application filed under section 166 of the MV Act by the appellants/claimants, on the date of accident i.e. 18.12.2017 the deceased Narendra Nishad was coming toward Boergaon riding his motor-cycle, when he reached near near Village – Charoda road Kukri Nala, the driver of the offending vehicle by rash and negligent driving dashed the motorcycle of the deceased from behind, as a result of which he fell down and sustained severe injuries and died on the spot. The accident was reported to Police Station Khallari and offence was registered against the driver of the offending vehicle. 4. As per further pleadings the deceased was aged about 23 years, mason and was earning his livelihood at the rate of Rs.400/- per day. 5. The claim application was resisted by the respondent on various grounds including Insurance Company took a plea that the driver of the offending vehicle was not holding valid and effective driving license and there is a violation of terms and condition of Insurance Policy, therefore the insurance company may be exonerated. -3- 6. On the basis of above broad pleadings, the learned Tribunal framed five issues and decided the same in favour of the appellants/claimants and awarded the above stated compensation. 7. Learned counsel for the appellants submits that deceased was aged about 23 years, mason, the learned Claims Tribunal has only assessed monthly income to Rs.4500/- per month, thus suitable enhancement would be made. 8. Learned counsel for respondent support the award and submits that the just compensation has been awarded which does not require any interference. 9. Heard the learned counsel for the parties, considered their rival submissions and also perused the record. 10.According to the appellants/claimants the deceased was a mason, working at Mahasamund and their widow mother depending upon his income. In the opinion of this Court assessment of monthly income of the deceased to Rs.4500/- by the learned Claims Tribunal is on the lower side. Thus taking into facts and circumstances of the case and evidence available on record, minimum wages prevailing at that point of time; number of dependents and nature of job. This Court assesses the notional monthly income of the deceased to Rs.8000/-. In view of the decision of Hon’ble Supreme Court in the matters of Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121 & National Insurance Co. Ltd. Vs. Pranay Sethi, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd.v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, the claimants are entitled for compensation in the following manner:- S.No. Head Calculation 1. Income of the deceased @ 8000/- per month Rs.96,000/- (8000 X 12) 2. Future prospect 40% Rs.34,800/- 2. Total annual Income Rs.1,34,400/- -4- (96,000 +34800) 3. After ½ deduction towards personal and living expenses of the deceased Rs.67200/- (134400 - 67200) 4. Multiplier of 18 to be applied Rs.12,09,600/- (67,200 x 18) 5. Towards loss of estate and funeral expenses Rs.30,000/- (15,000 + 15,000) 6. Filial consortium to appellant No.1 Rs.40,000/- Total compensation Rs. 12,79,600/- 11. Since the tribunal has already awarded Rs.05,16,000/-, after deducting the same from the above amount, the claimants are held entitled for additional compensation of Rs.7,63,600/- with interest @ 6% per annum from the date of appeal i.e. 10/03/2021. The amount shall be deposited within a period of 60 days from the date of receipt of copy of this order by the respondent No.3/Insurance Company. 12. After deposit Rs.6,00,000/- shall be invested as fixed deposit in a Nationalized Bank in the name of appellant No.1 for a period of 2 years. For remaining amount, the learned Tribunal would pass appropriate order with regard to it’s apportionment and disbursement. 13. In the result, the appeal is allowed in part with modification in the award impugned to the above extent. Sd/- Sd/- (Sachin Singh Rajput) Judge -/ Ashish