NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 1562 of 2023 1 - Ashuram Kawde, S/o Rajaram Kawde, aged about 40 years, R/o Village Bairbaira Mari, Raobeda, Bavnimari, Keshkal District Kondagaon (Chhattisgarh) Present Address- Lulegondi Kanker Tahsil Kanker, District : Kanker, Chhattisgarh 2 - Smt. Somari, W/o Ashuram Kawade, aged about 20 years, R/o Village Bairbaira Mari, Raobeda, Bavnimari, Keshkal District Kondagaon (Chhattisgarh) Present Address- Lulegondi Kanker Tahsil Kanker, District : Kanker, Chhattisgarh 3 - Sop Singh, S/o Ashuram Kawde, aged about 20 years, R/o Village Bairbaira Mari, Raobeda, Bavnimari, Keshkal District Kondagaon (Chhattisgarh) Present Address- Lulegondi Kanker Tahsil Kanker, District : Kanker, Chhattisgarh 4 - Minor Shyambati, D/o Ashuram Kawde, aged about 14 years, Appellant No. 4 Are Minor Through Appellant No. 2 Smt. Somari (Mother) R/o Village Bairbaira Mari, Raobeda, Bavnimari, Keshkal District Kondagaon (Chhattisgarh) Present Address- Lulegondi Kanker Tahsil Kanker, District : Kanker, Chhattisgarh 5 - Minor Altap Kawade, S/o Ashuram Kawde, aged about 11 years, Appellant No. 5 Are Minor Through Appellant No. 2 Smt. Somari (Mother) R/o Village Bairbaira Mari, Raobeda, Bavnimari, Keshkal District Kondagaon (Chhattisgarh) Present Address- Lulegondi Kanker Tahsil Kanker, District : Kanker, Chhattisgarh --- Appellants Versus 1 - Devnath Jurri, S/o Gopal Jurri, aged about 35 years, R/o Village Kanhanpuri, Tahsil Kanker District North Bastar Kanker (Driver), District : Kanker, Chhattisgarh 2 - Ramsay Darro, S/o Gadoram Darro, R/o Bhaisabeda Antagarh, Tahsil Antagarh (Owner), District : Kanker, Chhattisgarh 3 - Branch Manager Iffco Tokio General Insurance Company, Branch Office- New India Grand, Nehru Nagar Bhilai (Insurance Co.), District : Durg, Chhattisgarh --- Respondents __________________________________________________________________ For Appellants : Shri Abhishek Nirala, Advocate appeared on behalf of Shri Praveen Kumar Tulsyan, Advocate. For Respondent No.3 : Shri Praveh Sahu, Advocate on behalf of Shri P.R. Patankar, Advocate. __________________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput Order on Board 23 /03/2026 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 30.06.2022 passed by the I Additional Motor Accident Claims Tribunal, North ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2026.04.07 11:46:09 +0530 -2- Bastar Kanker (C.G.) (hereinafter referred to as “Tribunal”) in Claims Case No. 06/2020. 2. By the impugned award, against a claim of Rs.17,70,000/-, the learned Tribunal has awarded Rs.10,17,200/- with interest at the rate of 9% per annum as compensation to the appellants / claimants on account of the death of the deceased Somnath Kawde in an motor vehicular accident that occurred on 30/08/2019 by the rash and negligent driving of the offending vehicle Tractor Trolley bearing registration No. CG/19-BG/5726 and Trolley No. 5644. Driven by respondent No. 1/driver, Owner by respondent No.2/Owner and Insured by 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. 30.08.2019 the deceased Somnath Kawde was going to field for paddy grinding along-with Smt. Desi Bai Tota and Sunil Kawade, at about 11:00 AM (morning), when they reached near Bedmali to Keshkal CC road Batrali, the tractor offending vehicle turned turtle by rash and negligent driving, as a result of which they sustained severe injuries and was admitted to C.H.C., Keshkal during treatment Somnath Kawde dead on 30.08.2019. The accident was reported to Police Station Keshkaal, where Crime No. 105/2019 was registered against the driver of the vehicle. 4. As per further pleadings the deceased was a young man of 20 years, he was a labour and earning his livelihood at the rated of Rs.9000/- per month. He is breadwinner of his family and four dependent upon him. 5. The claim application was resisted by the respondent on various grounds, including the contention by the Insurance Company that the income of the deceased had been exaggerated 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 four 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 age of the deceased was 20 years and he was the breadwinner of his family, therefore, the compensation is on the lower side which requires suitable enhancement. 8. Learned counsel for respondent support the award and submits that the appellants/claimants could not brought any document on record to prove the 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 age of the deceased to be 20 year is concerned, the same appears to be just and proper. Further the Tribunal was justified in making 1/2rd deduction from the income of the deceased towards his personal and living expenses as the the number of dependents in this case. The date of incident is 05/01/2023. The learned Tribunal has assessed the monthly income of the deceased Rs.6000/- per month which is absolutely on lower side looking to the evidence available on record. Considering all aspects of the matter and looking to the age of the deceased, nature of work of the deceased, number of dependents and also prevailing minimum wages, the monthly income of the deceased can safely be taken at Rs.8000/- i.e. Rs.96,000/- per annum. 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:- -4- S.No. Head Calculation 1. Income of the deceased @ 8000/- per month Rs.8,000/- X 12 = Rs. 96,000/- per annum 2. Future prospect 40% Rs.1,34,400/- (38,400 + 96,000) 3. ½th deduction towards personal and living expenses of the deceased Rs. 67200/- 4. Multiplier of 18 to be applied Rs. 1,20,9600/- (67200 x 18) 5. Towards loss of estate and funeral expenses Rs.30,000/- (15,000 + 15,000) As awarded by the Tribunal 6. Filial consortium Rs.80,000/- (Rs.40,000/- each to appellant Nos. 1 & 2) Total compensation Rs. 1,31,9600/- 11. Since the tribunal has already awarded Rs.10,17,200/-, after deducting the same from the above amount, the claimants are held entitled for additional compensation of Rs.3,02,400/- with interest @ 6% per annum from the date of appeal i.e. 03/09/2023. The amount shall be deposited within a period of 60 days by the respondent No.3/Insurance Company from the date of receipt of copy of this order. 12. After deposit, the learned Tribunal would pass appropriate order with regard to it’s apportionment, investment and disbursement.. 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