1 MAC No. 389 of 2022 2025:CGHC:37014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 389 of 2022 1. Devnish Lakra S/o Johan Lakra, aged about 46 years; 2. Kusum Lakra W/o Devnish, aged about 49 years: 3. Arpan Lakra S/o Devnish, aged about 27 years All are by Caste-Uraon, resident of Village & Post– Bataikela (Bhursadhab), Police Station & Tahsil– Kansabel, District–Jashpur, Chhattisgarh. ... Appellants versus 1. Pradeep Kumar, Caste-Bhuihar, R/o Village–Kansabel (Salhiyatoli), Police Station & Tahsil–Kansabel, District– Jashpur, Chhattisgarh. 2. Chandani Bai D/o Baijnath, R/o Village-Rupsera, P.S. & Tahsil–Bagicha, District-Jashpur, Chhattisgarh. 3. Shriram General Insurance Company Limited, Plot No. 14, beside Floor Maruti Heights Auto, Maruti Dealer Mahoba Bazar, Raipur, Chhattisgarh. 492010. ... Respondents For Appellants :- Mr. Sanjeev Kumar Sahu, Advocate. For Respondents No.1 & 2 :- Ms. Kaushalya Yadav, Advocate. For Respondent No.3. :- Ms. Harneet Kaur, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.01 10:57:58 +0530 2 MAC No. 389 of 2022 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.07 .2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants, seeking enhancement in the amount of compensation, challenging the impugned award dated 22.12.2021 passed by the Motor Accident Claims Tribunal, Jashpur Chhattisgarh in Claim Case No. 34/2021, whereby learned Claims Tribunal has awarded a total sum of 13,67,984/- ₹ as compensation for the death of Avinash, who was a mason, aged about 20 years at the time of incident. 2. Brief facts of the case, is that, on 10.07.2019 after completing his work deceased Avinash went to the house of her maternal grand–mother. Thereafter, he went towards Bagicha Hospital, Jain Electricals along with his friends Manthan and Omprakash and when he parked his motorcycle on left side near Bagicha Hospital, Jain Electricals and waiting his other friend, Scorpio/offending vehicle bearing Registration No. CG-04-FA-9999 coming 3 MAC No. 389 of 2022 toward him from the opposite side and dashed the motorcycle of the deceased due to which deceased Avinash and his friends Manthan and Omprakash suffered grievous injuries. Avinash admitted in the Bagicha Hospital, where during treatment he died. 3. Appellants, who are father, mother and brother of deceased Avinash, respectively, filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of 55,00,000/- pleading therein ₹ that on the date of the accident, deceased Avinash was aged about 20 years and was a young and has a bright future and also a bread earner of the family and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 4. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Avinash died in the accident arising out of rash and negligent driving of the aforesaid Scorpio driven 4 MAC No. 389 of 2022 by respondent No.1 herein, owned by respondent No.2 herein and insured by respondent No.3 herein. Breach of conditions of insurance policy was not found to be proved, and after calculating the amount of compensation, awarded ₹13,67,984/- as total compensation with interest @ 6% p.a. from the date of filing of claim application. 5. Mr. Sanjeev Kumar Sahu, learned counsel for the appellants would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as 8,320/- per month which should ₹ be ₹9,200/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for skilled labour. He would further submit that under the Claims Tribunal has also erred in awarding compensation under the head of ‘loss of Consortium’ therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 5 MAC No. 389 of 2022 6. Ms. Harneet Kaur and Ms. Kaushalya Yadav, learned counsels for the respondents, would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 7. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records with utmost circumspection. 8. Learned Claims Tribunal assessed the monthly income of deceased Doman Sen to be ₹ 8,320/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for mason, the monthly income of the deceased should be ₹8,920/- (as per minimum wages prescribed at relevant time) and ₹ 1,07,040/- per annum. 6 MAC No. 389 of 2022 9. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 8,320 x 12 = ₹ 99,840/- ₹ 8,920 x 12 = . ₹ 1,07,040/- 2. Future Prospect (+) 40% i.e. 39,936 ; ₹ total income = ₹99,840 + 39,936 = ₹ 1,39,776/- (+) 40% i.e. 42,816; ₹ total income = ₹ 1,07,040 + 42,816 = 1,49,856/- ₹ 3. Deduction (-) ½ = 69,888/- ₹ ₹ 1,39,776 – 69,888 = ₹ 69,888/- (total income) (-) ½ = 74,928/- ₹ ₹ 1,49,856 – 74,928 = ₹ 74,928/- (total income) 4. Multiplier (x) 18 = 12,57,984/- ₹ (x) 18 = 13,48,704/- ₹ 5. Loss of Estate ₹ 15,000/- , 15,000/- ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 7 MAC No. 389 of 2022 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Loss of Consortiu m ₹. 40,000 x 2 = 80,000/- ₹ ₹40,000 x 3 = ₹ 1,20,000/- Total ₹ 13,67,984/- ₹ 14,98,704/- 10. In view of the aforesaid analysis, the amount of compensation of ₹ 13,67,984/- awarded by the Claims Tribunal is enhanced to ₹ 14,98,704/-. Hence, after deducting the amount of 13,67,984/- ₹ , the appellants are held entitled for an additional amount of ₹ 1,30,720/- . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 22.01.2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 11. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated 8 MAC No. 389 of 2022 herein-above. The deposit Tribunal shall pass appropriate order with regard to apportionment, investment and disbursement of the enhanced amount of compensation. Sd/- (Sanjay K. Agrawal) Judge Ankit