NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 493 of 2022 1 - Smt. Ramila Porte Wd/o Late Shri Shivshankar Porte, Aged About 21 Years R/o Village Pachra, Sadakpara, Post Office Chapora, Police Station Ratanpur, District Bilaspur Chhattisgarh. 2 - Dhan Singh Prote S/o Late Budhwar, Aged About 45 Years R/o Village Pachra, Sadakpara, Post Office Chapora, Police Station Ratanpur, District Bilaspur Chhattisgarh. 3 - Smt. Duj Bai Porte W/o Dhan Singh Porte, Aged About 40 Years R/o Village Pachra, Sadakpara, Post Office Chapora, Police Station Ratanpur, District Bilaspur Chhattisgarh. 4 - Kumari Chandni Porte D/o Dhan Singh Porte, Aged About 21 Years R/o Village Pachra, Sadakpara, Post Office Chapora, Police Station Ratanpur, District Bilaspur Chhattisgarh. 5 - Kumari Nandini Porte D/o Dhan Singh Porte, Aged About 21 Years R/o Village Pachra, Sadakpara, Post Office Chapora, Police Station Ratanpur, District Bilaspur Chhattisgarh. 6 - Gajanand Porte S/o Late Shri Shivshankar Porte, Aged About 2 Years Appellant No. 06 Is Minor, Through The Mother (Natural Guardian) Smt. Ramila Porte Wd/o Lae Shri Shivshankar Porte, R/o Village Pachra, Sadakpara, Post Office Chapora, Police Station Ratanpur, District Bilaspur Chhattisgarh. --- Appellants Versus 1 - Shekh Usman Baks S/o Shekh Room Baks, Aged About 37 Years Occupation Driver, R/o Vilage Tuluf, Police Chowki Belgahana, Police Station Station Kota, District Bilaspur Chhattisgarh. Pin No. 495116, Through Office Pushpraj Bus Service, In Front Of Dindayal Garden, M.P. Complex, Shop No. -04, Byapar Vihar, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. (Driver Of The Vehicle Bus No. C.G. 10 G. 1734) 2 - Pradip Sahu S/o Shri Jeevan Lal Aged About 35 Years R/o Uslapur, Rajgharana, Bilaspur, Police Station Sakri, District Bilaspur Chhattisgarh, Pin No. 495001, Through Office Pushpraj Bus Service, In Front Of Dindayal Garden, M.P. Complex, Shop No. - 04, Vyapar Vihar, Bilaspur, Tahsil And District Bilaspur Chhattisgarh, (Owner Of The Vehicle Bus No. C.G. 10 G. 1734) 3 - United India Insurance Company Limited, Through Divisional Managar, United India Insurance Company Limited, Divisional Office Gurukripa Towers, 2nd Floor, In Front Of Amber Auto Mobiles, Vyapar Vihar Bilaspur, Tahsil And District Bilaspur Chhattisgarh. (Insurer Of The Vehicle Bus No. C.G. 10 G. 1734) --- Respondents For Appellants : Shri Anand Kesharwani, Advocate. For Respondent No.3 : Smt. Swati Agrawal, Advocate appeared on behalf of ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2026.04.17 19:38:46 +0530 -2- Shri Pankaj Agrawal, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 15 /04/2026 1. 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 29.11.2021 passed by the V Motor Accident Claims Tribunal, District – Bilaspur (C.G.) (hereinafter referred to as “Tribunal”) in Motor Accident Claim Case No. 1225/2019. 2. By the impugned award, against a claim of Rs.89,00,000/-, the learned Tribunal has awarded compensation of Rs.21,35,682/- while partly allowing the application in favour of the appellants / claimants on account of death of the deceased Shivshankar Porte in an accident that occurred on 26.08.2019 by rash and negligent driving of offending vehicle Bus bearing registration No. CG/10-G-1734 by respondent No. 1 / driver, owned by respondent No.2 / owner and insured with the respondent No. 3 / 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. 21.01.2021 the deceased Shivshankar Porte was returning by riding his motorcycle to this home Village- Pachara work, when he reached near Puddu Square, at 04:30PM the driver of the offending vehicle coming from Ratenpur – Pendra road by rash and negligent driving dashed the motorcycle of the deceased, as a result of which he sustained severe injuries on head, hand -leg and various parts of the body as a result of which he died on the spot. The report was lodged at Police Station – Ratanpur and the offence punishable under sections 279, 304 -A of the IPC was registered against the driver of the offending vehicle. -3- 4. As per the further pleadings in the claim application, the deceased was aged about 26 years. He was a skilled mason and also performed ancestral field work and earning Rs. 21,000/- per month. 5. The respondent Nos. 1 and 2 by filing joint written statement denied the averments of the claim application. It is pleaded that the liability for payment of compensation is upon the Insurance Company. 6. Respondent No. 3 also filed its written statement denying the averments and, in the usual course, contended that the driver of the offending vehicle had violated the terms and conditions of the insurance policy; hence, the Insurance Company deserves to be exonerated from liability. 7. On the basis of above broad pleadings, learned Tribunal framed five issues and decided the same in favour of the appellants / claimants and awarded above stated compensation. 8. Learned counsel for the appellants argues that the Tribunal found monthly income of the Rs.8710/- of unskilled labour and the amount on the other head is also on lower side which requires suitable enhancement by this Court. 9. 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. 10. Heard the learned counsel for the parties, considered their rival submissions and also perused the record. 11.Considering the evidence available on record, nature of job; age of the deceased; dependents and minimum wages. This Court has to be taken as monthly Income of the deceased to Rs.10,000/- 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, 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 -4- SCC 130, this court is reassessing the compensation in the following manner :- S.No. Head Calculation 1. Income of the deceased @ 10000/- per month Rs.1,20,000/- per annum (Rs.10000/- X 12) 2. Future prospect 40% Rs.1,68,000/- (1,20,000 + 48000) 3. After ¼th deduction towards personal and living expenses of the deceased Rs.1,26,000/- (168000- 42000/- 5. Multiplier of 17 to be applied Rs.21,42,000/- (126000 x17 ) 6. Towards loss of estate and funeral expenses Rs.30,000/- 7. Spousal and Filial consortium Rs.1,20,000/- (Rs.40,000/- to appellant Nos. 1 to 3) Total compensation Rs.23,32,000/- 12. Since the tribunal has already awarded Rs.21,35,682/-, after deducting the same from the above amount, the claimants are held entitled for additional compensation of Rs.1,96,318/- with interest @ 6% per annum from the date of appeal i.e. 29.03.2022. 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. 13. After deposit, the learned Tribunal shall pass appropriate order with regard to investment, disbursement, apportionment of the enhance amount amongst the appellants. 14. 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