NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 981 of 2022 1 - Ramhu Yadav S/o Kartik Yadav Aged About 45 Years Occasion - Labor, R/o Village Kanteli, Police Station Bemetra, Thasil And District Bemetra, Chhattisgarh .(Claimants) 2 - Rakha Yadav S/o Ramhu Yadav Aged About 42 Years Occasion - Labor, R/o Village Kanteli, Police Station Bemetra, Thasil And District Bemetra, Chhattisgarh (Claimants) --- Appellants Versus 1 - Tamin Sahu W/o Tularam Sahu Aged About 40 Years R/o Village Mohbhatta, Police Station, Tahsil And District Bemetara, Chhattisgarh.....................(Owner). 2 - Tularam Sahu S/o Rammurti Sahu Aged About 42 Years R/o Village Mohbhatta, Police Station, Tahsil And District Bemetara, Chhattisgarh.....................(Driver). 3 - Branch Manager The New India Insurance Company Limited, Micro Branch, Near Electrical Sub Station, Megh-Malhar Complex, Ring Road No 2, Hirapur, Raipur 492099, District Raipur, Chhattisgarh..............(Insurance Com Of Offending Vehicle Cg-04-Nd-8950) --- Respondents For Appellants : Shri Hemant Gupta, Advocate. For Respondent Nos. 1 & 2 : Shri Vipin Singh Thakur, Advocate. For Respondent No.3 : Shri Anil Gulati, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 02 /04/2026 1. Heard on Admission. 2. Admit. 3. This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) by the appellants / claimants, being aggrieved by the award dated 05.07.2022 passed by the Motor Accident Claims Tribunal, District – Bemetara (C.G.) (hereinafter referred to as “Tribunal”) in Motor Accident Claim Case No. 75/2021. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2026.04.14 10:37:27 +0530 -2- 4. By the impugned award, against a claim of Rs.21,25,000/-, the learned Tribunal has awarded compensation of Rs.6,00,000/- in favour of the appellants / claimants on account of death of the deceased Radhika Yadav in an accident that occurred on 21/01/2021 by rash and negligent driving of offending vehicle Car bearing registration No. CG/04-ND-8950 driven by respondent No. 2 / driver, owned by respondent No. 1 / owner and insured with the respondent No. 3 / Insurance company. 5. 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. 21.01.2021 the deceased Radhika Yadav along-with Mahendra Verma as a pillion rider was going to Village- Hathmundi for field work, when they reached near Village – Kanteli burial yard, at that time the driver of the offending vehicle coming from Village - Dewarbija by rash and negligent driving dashed the motorcycle of the deceased, as a result of which they suffered severe injuries and was taken for P.H.C. Health Center. Looking tot he grevious injuries sustained by Rahika Yadav Doctors referred her to Mekhara Hospital, Raipur. Then, for better treatment, the parents of the deceased took her to D.K.S. Specialist Hospital, Raipur. The treatment of the deceased was ongoing, and during the course of treatment, she passed away on 22.01.2021. The report was lodged at Police Station - Bemetara and the offence was registered against the driver of the offending vehicle. 6. As per the further pleadings in the claim application, the deceased was aged about 16 years, Girl Child. She was a laborer and also involved in stitching and weaving job and earning Rs. 2000/- Labour job and Rs. 200/- from stitching and weaving. -3- 7. The respondent Nos. 1 and 2 by filing joint written statement denied the averments of the claim application. The liability for payment of compensation is fastened upon the Insurance Company. 8. The respondent No. 3 also filed its written statement denying the averments and, in the usual course, pleaded that the driver of the offending vehicle had not complied with the terms and conditions of the insurance policy. Hence the Insurance Company may be exonerated. 9. The learned Tribunal framed six issues on the basis of above broad pleadings, and decided the same in favour of the appellants / claimants and awarded above stated compensation. 10. Learned counsel for the appellants argues that the Tribunal found monthly income of the Rs.5000/-. The appellant is a residence of the Village - Kandeli, Tehsil and District – Bemetaraa and future prospects has also not been awarded the deceased and the amount on the other head is also on lower side which requires suitable enhancement by this Court. 11.Learned counsel for respondents supports the award and submit that learned tribunal has rightly assessed the income, therefore just compensation has been awarded which does not require any interference. 12. Heard the learned counsel for the parties, considered their rival submissions and also perused the record. 13. Considering the evidence available on record, nature of job; age of the and place where she was alleged to have been working. This Court has to be taken as monthly Income of the deceased to Rs.6000/- per month. 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, -4- 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, this court is reassessing the compensation in the following manner :- S.No. Head Calculation 1. Income of the deceased @ 6000/- per month Rs.72,000/- per annum (Rs.6000/- X 12) 2. Future prospect 40% Rs.1,00,800/- (72,000 + 28800) 3. After ½ deduction towards personal and living expenses of the deceased Rs.50,400/- 5. Multiplier of 18 to be applied Rs.9,07,200/- (50400 x18 ) 6. Towards loss of estate and funeral expenses Rs.33,000/- 7. Parental consortium Rs.80,000/- (Rs.40,000/- each to appellants) Total compensation Rs.10,20,200/- 14. Since the tribunal has already awarded Rs.06,00,000/-, after deducting the same from the above amount, the claimants are held entitled for additional compensation of Rs.4,20,200/- with interest @ 6% per annum from the date of from the date of appeal. The amount shall be deposited by respondent No.3 / Insurance company within a period of 60 days from the date of receipt of copy of this order. 15. After deposit being made, Rs. 2,00,000/- (each) shall be invested in the name of appellant Nos. 1 and 2 as fixed deposit in a Nationalized Bank for a period -5- of 2 years Remaining amount shall be paid to appellant No.2 by bank transaction / account payee cheque. 16. In the result, the appeal is allowed in part with modification in the award impugned to the above extent. / Sd/- (Sachin Singh Rajput) Judge Ashish