1 2025:CGHC:15794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 239 of 2021 1. Smt. Durga Shrivas Wd/o. Late Sant Ram Shrivas, Aged About 23 Years R/o Village Khodari P.S. Katghora District Korba Chhattisgarh., District : Korba, Chhattisgarh 2. Smt. Shanti Bai W/o Itwar Shrivas, Aged About 46 Years R/o Village Khodari P.S. Katghora District Korba Chhattisgarh., District : Korba, Chhattisgarh 3. Itwar Shrivas S/o Ghasiram Shrivas Aged About 50 Years R/o Village Khodari P.S. Katghora District Korba Chhattisgarh., District : Korba, Chhattisgarh 4. Shatrughan Singh S/o Itwar Singh Aged About 16 Years Minor Through Natural Guardian Itwar Singh (Father), R/o Village Khodari P.S. Katghora District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Appellant(s) versus 1. Gopi Yadav S/o Late Bisahu Aged About 38 Years R/o. Tadapara P.S. Chhal District Raigarh (Chhattisgarh) Present Address Near Madhu Sweets Korba P.S. Kotwali District Korba Chhattisgarh.......(Driver Of The Vehicle), District : Korba, Chhattisgarh 2. Smt. Nirmala Singh W/o Harpal Singh R/o. H.No. 216 Bajrangbali Gali Korba District Korba (Chhattisgarh)..........(Owner Of The Vehicle), District : Korba, Chhattisgarh 3. The New India Assurance Co. Ltd. Through Branch Manager Sada Complex T.P. Nagar Korba District Korba (Chhattisgarh)..........(Insurer), District : Korba, Chhattisgarh ... Respondent(s) For Appellants : Mr. P.K. Tulsyan, Advocate For Respondent No. 3 : Mr. Hanuman Prasad Agrawal, Advocate Digitally signed by AJINKYA PANSARE Date: 2025.04.07 17:26:52 +0530 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 03-04-2025 1) The appellant-claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 27.11.2020 passed by learned Second Additional Motor Accident Claims Tribunal, Katghora, District Koorba (C.G.) in Claim Case No. 23/2019. 2) Facts of the present case are that Santram Shrivas (deceased) was working as a Helper in the Truck bearing registration No. CG-12-H- 3257, which was owned by respondent No. 2. On 07.10.2018, respondent No. 1 while driving the truck rashly and negligently, dashed the vehicle near Garh Uproda; Santram sustained severe injuries and died on the spot. The matter was reported to the concerned Police Station and a criminal case was registered against respondent No. 1 and the same is pending consideration. 3) The claimants are the wife, parents and brother of the deceased. They pleaded that the age of the deceased was 25 years at the time of the accident and he was working as a Truck Helper and was earning Rs. 15,000/- per-month. The claimants claimed a total of Rs. 36,60,000/- as compensation. 4) The Insurance Company filed its written statement and took a plea that at the time of the accident, the vehicle did not have the requisite fitness certificate and was being driven in a breach of the insurance policy. It is stated that despite knowledge of this fact, respondent No. 2 (owner) was plying the truck. The owner and driver were proceeded ex-parte. 3 5) Learned Tribunal framed issues and held that (i) the deceased died on account of the accident on 02.09.2017; the driver of the offending vehicle had a valid license and (ii) the insurer could not prove the fact that the offending vehicle was being driven in a breach of the insurance policy. The Tribunal awarded compensation to the tune of Rs. 16,82,480/- along with interest @ 7 % p.a. from the date of the application till its realization. 6) Learned counsel for the appellants-claimants submits that the learned Tribunal considered the monthly income of the deceased to be Rs. 7,800/- whereas the minimum wage prevailing in the State of Chhattisgarh in the year 2018 was Rs. 8,140/- therefore, the learned Tribunal committed an error of law in assessing the notional income of the deceased. He argues that the Tribunal further committed an error of law in not awarding compensation to the father and brother of the deceased for the “loss of consortium” as they were also entitled to receive a sum of Rs. 40,000/- each. He prays to modify the award by enhancing the compensation. 7) On the other hand, learned counsel appearing on behalf of the Insurance Company submits that the learned Tribunal has awarded just and proper compensation. He contends that the learned Tribunal has assessed the monthly income of the deceased according to the evidence led by the parties and there is no scope of interference. He prays that this appeal deserves to be dismissed. 8) Heard learned counsel for the parties and perused the record. 9) A perusal of the findings recorded by the learned tribunal would reveal 4 that the monthly income of the deceased was considered to be Rs. 7,800/- whereas the minimum wage payable to a skilled labourer in the year 2018 was Rs. 8,140/- and thus in the opinion of this Court, the learned Tribunal calculated the monthly income on the lower side. Therefore, the notional income of the deceased is hereby enhanced from Rs. 7,800/- to Rs. 8,140/-. The impugned award would further reveal that the loss of consortium has not been awarded to the father and brother of the deceased whereas they were entitled to receive Rs. 40,000/- each on the head of loss of consortium. 10) The Tribunal has rightly applied the multiplier of 18; added 40% of total dependency towards future prospects and deducted 1/3 rd towards personal expenses. 11) According to the judgment passed by the Hon’ble Supreme Court in the matter of Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram reported in AIR ONLINE 2018 SC 1249, the claimants would be entitled to get Rs. 40,000/- each under the head of loss of consortium. 12) Taking into consideration the above-discussed facts, the compensation payable to the claimants is hereby re-visited as under:- Sr. No. Particular Awarded by the Court 1. Monthly income of the deceased Rs. 8,140/- 2. Annual Income Rs. 97,680/- 3. Multiplier of 18 applied Rs. 17,58,240/- (97,680 x 18) 4. Future Prospects @ 40% Rs. 24,61,536/- (17,58,240 + 7,03,296) 5 5. Deduction towards personal expenses @ 1/3 Rs. 16,41,024/- (14,61,536-8,20,512) 6. Loss of Income Rs. 16,41,024/- 7. Loss of Consortium Rs. 1,60,000/- (Rs. 40,000 payable each to wife, father, mother and brother) 8. Funeral Expenses Rs. 15,000/- 9. Loss of estate Rs.15,000/- 10. Total 18,31,024/- 11. Amount awarded by the Tribunal Rs. 16,82,480/- 12 Enhanced amount of compensation Rs. 1,48,544/- 13) The enhanced amount of compensation shall carry interest @ 8 % p.a. from the date of filing of the application till its realization. The liability has been fastened upon the Insurance Company by the Tribunal which shall pay the aforementioned enhanced amount of compensation along with interest to the claimants, preferably within a period of 90 days from the date of receipt of a copy of this order. 14) Accordingly, the appeal stands allowed. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya