1 CGHC010111612022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 479 of 2022 1 - Nirmala Dewangan Wd/o Late Ramkumar Dewangan, Aged About 30 Years Caste Kosta And R/o Purani Basti Dewangan Mohalla, Police Station And Tahsil Akaltara, District Janjgir- Champa (C.G.) 2 - Shreya Dewangan D/o Ramkumar Dewangan Aged About 9 Years Minor Through Their Natural Mother Nirmala Dewangan Wd/o.Late Ramkumar Dewangan, Aged About 30 Years . Caste Kosta And R/o Purani Basti Dewangan Mohalla, Police Station And Tahsil Akaltara, District Janjgir-Champa (C.G.) 3 - Sonal Dewangan D/o Late Ramkumar Dewangan Aged About 7 Years Minor Through Their Natural Mother Nirmala Dewangan Wd/o.Late Ramkumar Dewangan, Aged About 30 Years . Caste Kosta And R/o Purani Basti Dewangan Mohalla, Police Station And Tahsil Akaltara, District Janjgir-Champa (C.G.) ... Appellants versus 1 - M.D. Istiyak Ansari S/o Moh. Muslim Ansari, Aged About 38 Years Caste Muslim, R/o Masratu, Police Station Katak SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.07.13 14:37:05 +0530 2 Mansadhi, District Hajaribag (Jharkhand) (Driver Of Trellor Bearing Registration No. C.G. 04 Ja 5753) 2 - Haidar Ali S/o Gulab Khan, Caste Musalman, R/o M.N. 10, Vishram Nagar Jhabar Deepka, District Korba (C.G) (Owner Of Trellor Bearing Registration No. C.G. 04 Ja 5753) 3 - New Indian Insurance Company Limited, Through Its Branch Manager, Sada Complex Transport Nagar, Korba, District Korba (C.G.) (Insurer Of Trellor Bearing Registration No. C.G. 04 Ja 5753) --- Respondent(s) (Cause-titles are taken from CIS) For Appellants : Mr. Govind Prasad Dewangan, Advocate For Respondents No.3 : Mr. Bholanath Nande, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (10.07.2026) 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellants/claimants for enhancement against the award dated 24.08.2021 passed by learned Additional Motor Accident Claims Tribunal, Janjgir (C.G.), in Claim Case No. 20/2021, whereby compensation of Rs.10,78,000/- with interest @ 9% per annum, in favour of the appellants has been awarded. 2. The gist of the claim before the Tribunal, in brief, was that on 08.12.2020, the deceased Ramkumar had gone to Deepka, District Korba with his friend Omprakash for 3 shooting a wedding video. While returning at 8:30 PM, they lost their way and reached towards Deepka S.E.C.L. Khadan Shramik Chowk. At that time, near 8 Number Barrier Chowk, Deepka, the driver of Trailer No. CG 04 JA 5753, M.D. Istiyak Ansari, driving the vehicle at high speed and in a rash and negligent manner, hit them from behind. Due to this, the deceased Ramkumar Devangan sustained fatal injuries and died on the spot. On the report of the incident being lodged at concerned, crime was registered. 3. It was claimed that at the time of accident, deceased Ramkumar was aged about 37 years and was married. He was a Supervisor and earning Rs. 15,000/- per month. Due to the untimely death of Ramkumar, there is an irreparable loss to the claimants who are the wife and minor daughters of the deceased. Therefore, the claimants had preferred an application before the Tribunal claiming total compensation of Rs. 64,00,000/- u/s 166 of MV Act. 4. The learned Tribunal, after considering the evidence and documents available on record, assessed the income of the deceased to be Rs. 6,000/- per month. Added 40% future prospects. Considered the fact that the claimants (total three) are the wife and minor daughters of the deceased, 1/3rd of the income was deducted towards personal expenses. Considered the age of the deceased as 37 years, multiplier of 15 was applied. Further, a total amount of Rs. 70,000/- has been awarded under other heads. Accordingly, the total compensation of Rs. 10,78,000/- has been awarded by the Claims Tribunal in favour of the claimants with interest @ 9% per annum against respondent No.3/insurance company, from the date of application. Hence, the appeal is for enhancement. 4 5. Learned counsel for the appellants/claimants submits that the compensation awarded by the Claims Tribunal is on the lower side and needs to be enhanced suitably. Learned counsel for appellants urged that the Tribunal has assessed lesser income of the deceased and also given lesser amount towards other heads which require enhancement. Therefore, the appeal may be allowed and compensation may be enhanced suitably. 6. On the other hand, learned counsel for the Insurance Company has argued that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 7. Heard counsel for the parties and perused the documents available on record. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10.As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs. 15,000/- per month from the work of Supervisor, but no documentary evidence in support thereof has been produced, but it cannot be said that the deceased was not 5 earning anything from his work. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident 08.12.2020, wage structure prevailing on the date of accident, price index and cost of living etc. specially notification by Labour Department for minimum wages, upon considering the aforementioned factors, I find it appropriate to take income of deceased as Rs. 8,960/- per month as minimum wages, at the relevant time of accident. The annual income comes to Rs. 1,07,520/-. As per National Insurance Company Ltd. Vs. Pranay Sethi and Others, (2017) 16 SCC 680, future prospects would be 40% as held by the Tribunal. Hence, after adding 40% towards future prospect i.e. Rs. 43,008/-, the yearly income comes to Rs. 1,50,528/-. 11. The deceased was married and the claimants are the wife and minor daughters (total 3 dependents), so deduction towards personal expenses would be 1/3rd as rightly held by the Tribunal i.e. Rs. 50,176/-. After deduction of the same, the annual dependency comes to Rs. 1,00,352/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd. Vs. Pranay Sethi and Others, (2017) 16 SCC 680, the multiplier would be 15 rightly held by the Tribunal. Hence, after applying the multiplier of 15, the total loss of dependency works out to Rs. 15,05,280/-. The claimants are further entitled for grant of Rs.16,500/- towards loss of estate, 16,500/- towards funeral expenses and Rs. 44,000/- each (for three dependents i.e. Rs.1,32,000) towards loss of love and affection. Therefore, the claimants 6 would become entitled for total compensation of Rs. 16,70,280/- in the following manner:- Heads Calculation Compensation towards dependency Rs. 15,05,280/- Towards loss of estate Rs. 16,500/- Towards loss of love and affection to three claimants @ Rs. 44,000/- each Rs.1,32,000/- Funeral expenses Rs. 16,500/- Total Rs. 16,70,280/- 12. Thus, the total compensation is recomputed as Rs. 16,70,280/-. After deducting Rs. 10,78,000/- as awarded by the Tribunal, the enhancement would be Rs. 5,92,280/- (1670280- 1078000). 13. In the result, the appeal is partly allowed. The appellants/claimants shall be entitled to get Rs.5,92,280/- in addition to what has already been awarded by the Claims Tribunal. The enhanced amount shall carry interest @ 6% from the date of enhancement of the award till its realization. The rest of the conditions shall remain intact. 14. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge -Shubham