1 2025:CGHC:27503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 400 of 2017 1 - Prithviraj Patel S/o Padum Lal Patel, Aged About 57 Years R/o Village Jatri, P.S. Pusaur, Tahsil And District Raigarh, Chhattisgarh, Chhattisgarh. 2 - Smt. Malti Patel W/o Prithviraj Patel, Aged About 55 Years R/o Village Jatri, P.S. Pusaur, Tahsil And District Raigarh, Chhattisgarh ...............Claimants, District : Raigarh, Chhattisgarh. ... Appellant(s) versus 1 - Pavitra Ravat S/o Fina @ Purnachand Ravat, Aged About 27 Years Presently Residing At Village S M A S , S E C L Baraud, P.S. Gharghoda, District Raigarh, Chhattisgarh, Permanent R/o Surya Pratappur, P.S. Bhuvan, District Dekanal Orisa ...............Driver And Owner Of The Offending Vehicle, Orissa. 2 - Iffco Tokiyo General Insurance Company Limited, Through- Branch Manager, Iffco Tokio General Insurance Company Limited, Gaurishankar Mandir Road, Raigarh, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. Rajkumar Pali, Advocate. For Respondent(s) No.1 : None. For Respondent No. 2 : Mr. Pravesh Sahu, Advocate on behalf of Mr. P.R. Patankar, Advocate. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/06/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 25.01.2017 passed by the learned 5th Additional Motor Accident Claims Tribunal, Raigarh, District- Raigarh (C.G.), in Claim Case No. MACT 109/2015 (“Prithviraj Patel & Another vs. Pavitra Ravat & Another”) whereby an amount of Rs. 17,06,244/- with interest @ 7% per annum has been awarded in the favour of the appellants of the deceased for their irreparable loss. 2. Brief facts of the case, is that, on 10.01.2015 at about 2:30 p.m., the deceased Tikeshwar Patel, who was the son of the appellants, along with appellant/claimant no. 2 (his mother), was returning to their home in Village Jatri from Dharamjaigarh on their own motorcycle. When they reached near Patrapali at Village Teram, District Raigarh (C.G.), the offending vehicle, a motorcycle bearing registration No. CG 12 ZD 5496, owned and driven by respondent No.1, came in a rash and negligent manner and dashed into their motorcycle. As a result of the accident, the deceased sustained grievous injuries on various parts of his 3 body, and appellant No. 2 (Mother) also suffered bodily injuries. Thereafter, both were admitted to Gharghoda Hospital and later on referred to Jindal Hospital, Raigarh, where Tikeshwar Patel succumbed to his injuries during treatment. The deceased was aged about 25 years old and was employed as a clerk in the Forest Department, earning a monthly salary of Rs. 16,000/-. The appellants/claimants, being fully dependent on the income of the deceased, have not only lost their younger son but are also undergoing severe mental agony and financial hardship due to his untimely demise. The claimants have asserted that at the time of the accident, the offending vehicle was duly insured with respondent No. 2, and the respondent No.1 was the owner-cum- driver of the said vehicle. Therefore, both respondents are jointly and severally liable for the payment of compensation. Respondent No.1 in his written statement has denied all the allegations made by the appellants and further contended that the vehicle was insured with respondent No. 2 at the relevant time. Hence, in the event any compensation is awarded, the liability for payment lies with the insurer i.e. respondent No. 2. Despite receiving notice from the learned Claims Tribunal, respondent No. 2 (insurance company) neither filed any written statement nor led any evidence in the matter. Consequently, the Tribunal proceeded ex parte against respondent No. 2. 4 Therefore, the appellants/claimants of the deceased preferred an application claiming a total compensation of Rs. 89,62,520/-. 3. After considering the evidence and documents brought on record, the tribunal assessed the income of the deceased at Rs. 15,243/- per month i.e. Rs. 1,82,916/- per annum. After deduction of 1/2 of the income i.e. Rs. 91,458/- for personal expenses, the amount would be Rs. 91,458/-. Considering the age of the deceased to be 25 years and the appellants/claimants are the parents of the deceased, the Tribunal applied the multiplier of 18 and calculated the total loss of dependency as Rs. 16,46,244/-. Further Rs. 20,000/- towards funeral expenses and Rs. 40,000/- towards love and affection has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 17,06,244/- in favour of the appellants of the deceased with interest @ 7% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 4. Learned counsel for the appellants/claimants submits that the claimants had pleaded the income of the deceased as Rs. 16,962/- per month, but the learned Claims Tribunal has assessed the income of the deceased only Rs. 15,243/- per month . He further submits that the compensation awarded under other heads is also on lower side and needs to be enhanced. Hence, this appeal may be allowed by enhancing the 5 compensation amount suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 2 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 6. None for respondent No. 1. 7. I have heard learned counsel for the parties and perused the material 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 of 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, the learned claims Tribunal has assessed the income of the deceased as Rs. 15,243/- per month. Hence, accepting the income of the deceased Rs. 15,243/- per month, the annual income comes to Rs. 1,82,916/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after 6 adding 50% towards future prospects i.e. Rs. 91,458/-, the annual income comes to Rs. 2,74,374/-. 11. Considering the fact that the deceased was aged about 25 years and the appellant/claimants are the parents of the deceased so deduction towards personal expenses would be 1/2 (Rs. 1,37,187/-) of the income and after deduction of the same the annual dependency comes to Rs. 1,37,187/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) 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 and also considering the age of the deceased, after applying multiplier of 18, the total loss of dependency works out to Rs. 24,69,366/-. The claimants are further entitled for Rs. 18,000/- towards loss of estate (increase of 10% in every three years) and Rs. 18,000/- for funeral expenses (increase of 10% in every three years). As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for Rs. 40,000/- each (40,000 X 2+10%+10%) for loss of love and affection and consortium of Rs. 96,000/- has been awarded. Accordingly, the appellants/claimants i.e. parents of the deceased would become entitled for total compensation of Rs. 26,01,366/- in the following manner:- 7 S.No. Heads Calculation 01. Towards loss of dependency Rs. 24,69,366/- 02. Towards love and affection to all the 2 claimants @ Rs. (40,000x2+10%+10%) Rs. 96,000/- 03. Towards loss of estate along with increase of 10% in every three years. Rs. 18,000/- 04. Funeral Expenses along with increase of 10% in every three years. Rs. 18,000/- Total Rs. 26,01,366/- 12. Thus, the total compensation is recomputed as Rs. 26,01,366/-. After deducting Rs. 17,06,244/- as awarded by the tribunal, the enhancement would be Rs. 8,95,122/-. 13. In the result, the appeal is partly allowed. The claimants/appellants i.e. parents of the deceased shall be entitled for the enhanced amount of Rs. 8,95,122/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 14. The Registry is further directed to communicate the claimants in 8 writing about “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, State Legal Services Authority and the DLSA of the concerned area wherein the claimants resides. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat