NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 1144 of 2023 1 - Vrindavati Gada W/o Late Shyamlal Gada Aged About 35 Years R/o Tousir, Baramkela, District Raigarh, C.G., Present Address- Torwa Power House, Police Station Torwa, Tahsil And District Bilaspur, C.G. 2 - Chandrakala Chouhan D/o Late Shyamlal Chouhan Aged About 16 Years Minor Through Their Natural Guardian Mother Vrindabati Gada, Aged About 35 Years, R/o Tousir, Baramkela, District Raigarh, C.G., Present Address- Torwa Power House, Police Station Torwa, Tahsil And District Bilaspur, C.G. 3 - Shashikala Chouhan D/o Late Shyamlal Chouhan Aged About 11 Years Minor Through Their Natural Guardian Mother Vrindabati Gada, Aged About 35 Years, R/o Tousir, Baramkela, District Raigarh, C.G., Present Address- Torwa Power House, Police Station Torwa, Tahsil And District Bilaspur, C.G. 4 - Nidhi Chouhan D/o Late Shyamlal Chouhan Aged About 8 Years Minor Through Their Natural Guardian Mother Vrindabati Gada, Aged About 35 Years, R/o Tousir, Baramkela, District Raigarh, C.G., Present Address- Torwa Power House, Police Station Torwa, Tahsil And District Bilaspur, C.G. --- Appellants Versus 1 - Manoj Kumar Singh S/o Jagat Bahadur Singh R/o New M.L.A. Colony, Jawahar Chowk, Bhopal, Police Station Hujur, District Bhopal, M.P. , Presently R/o Tifra, Bilaspur, Tahsil And District Bilaspur, C.G.( Driver Of The Vehicle Rajdhani Bus No. C.G.-10 G- 1096) 2 - Sanjay Singh S/o M.B. Singh R/o Sunrise Tower, Flat No. 304, Talapara, Police Station Civil Line, Tahsil And District Bilaspur, C.G.( Registered Owner Of The Vehicle Rajdhani Bus No. C.G.-10 G- 1096) 3 - Branch Manager The New India Insurance Company Limited, Office- Rama Trade Centre, Opposite Rajeev Plaza, Police Station Civil Line, Tahsil And District Raipur, C.G. ( Insurer Company Of The Vehicle Rajdhani Bus No. C.G.-10 G- 1096) --- Respondents __________________________________________________________________ For Appellants : Shri Mohd. Parvez Khan, Advocate. For Respondent No.3 : Shri Hanuman Prasad Agrawal, Advocate. __________________________________________________________________ ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2026.04.07 11:43:44 +0530 -2- Hon'ble Shri Justice Sachin Singh Rajput Order on Board 23 /03/2026 1. With the consent of the parties, the matter is heard finally. 2. 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 18.04.2023 passed by the VIII Additional Motor Accident Claims Tribunal, District – Bilaspur (C.G.) (hereinafter referred to as “Tribunal”) in Claims Case No. 650/2022. 3. By the impugned award, against a claim of Rs.62,40,000/-, the learned Tribunal has awarded Rs.16,62,600/- with interest at the rate of 9% per annum as compensation to the appellants / claimants on account of the death of the deceased Shyamlal Chauhan in an motor vehicular accident that occurred on 29/03/2022 by the rash and negligent driving of the offending vehicle Rajdhani Bus bearing registration No. CG/10-G/1096. Driven by respondent No.1/driver owned by respondent No. 2/Owner and Insured by respondent No.3 (Insurance Company). 4. 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. 29.03.2022 the deceased Shyamlal Chauhan with his friend after attending the function at Jalgadh was returning home riding his motor-cycle, at about 02:30 PM (afternoon), when they reached near Village - Baramkela, District – Raigarh, the driver of the offending vehicle Bus by rash and negligent driving dashed the motorcycle of the deceased upon which they fell down from motorcycle and particulary the rear wheel of the bus ran over Shyamalal Chauhan. as a result of which they sustained severe injuries and was admitted to C.H.C. Baramkela where looking to the situation of Shyamlal Chauhan, he was -3- referred to other hospital but on the way he died. The accident was reported to Police Station – Baramkela, District – Raigarh. The deceased was performing the job of labour and was earining Rs. 15,000/- per month and earned livilihood for their family. 5. The claim application was resisted by the respondent Nos. 1 to 3 on various grounds including Insurance Company took a plea that due to self negligence of the motorcycle the accident had occurred and 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. 6. On the basis of above broad pleadings, the learned Tribunal framed six 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 the deceased was a skilled mason working in Raigarh and was earning Rs.15,000/- and Tribunal has asssessed monthy income of Rs.9200/- on the basis of unskilled labour, minimum wages which requires suitable enhancement on account of income. 8. Learned counsel for respondent support the award and submits that the appellants/claimants could not brought any document on record to show profession in income of the deceased, therefore 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.So far as determination of income of deceased to be 45 year is concerned, of course no documentary evidence is available on record to suggest the income and profession of the deceased. The learned Claims Tribunal assessed the monthly income of the deceased on the basis of minimum -4- wages of unskilled labour. There are four dependents upon the income of the deceased including wife and three minor children. As deceased has attained a mature age, he cannot be acquitted with unskilled labour.Therefore, this Court is inclined to treat him as a skilled labourer may be entitled to minimum wages of Rs.10,700/- per month. Taking into consideration all aspects of the matter, age of the deceased at the time of accident; date of accident; as also the minimum wages and number of dependents, Thus this Court assessed monthly income of the deceased to Rs.11,000/- . 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 @ 11,000/- per month Rs.11,000/- X 12 = Rs.1,32,000/- per annum 2. Future prospect 25% (1,44,000 + 33000) = Rs.1,65,000/- 3. ¼th deduction towards personal and living expenses of the deceased (1,44,000 - 41250) = Rs.1,23,750/- 4. Multiplier of 14 to be applied 1,23,750 x 14 = Rs. 17,23,500/- 5. Towards loss of estate and funeral expenses Rs.33,000/- (16500 + 16,500) 6. Parental and filial consortium Rs.1,20,000/- (Rs.40,000/- each to appellant nos. 2 to 4) 7. Loss of consortium to wife Rs.44,000/- Total compensation Rs. 19,29,500/- -5- 11. Since the tribunal has already awarded Rs.16,62,600/-, after deducting the same from the above amount, the claimants are held entitled for additional compensation of Rs.2,66,900/- with interest @ 6% per annum from the date of appeal i.e. 13/07/2022. The amount shall be deposited by the respondent No.3 / Insurance Company within a period of 60 days from the date of receipt of this order. 12. After deposit, the learned Tribunal hall pa appropriate order with regard to investment, disbursement, apportionment of the enhance amount amongst the appellants. 13. 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