1 2025:CGHC:48436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 620 of 2019 1 - National Insurance Company Limited By Divisional Manger Divisional Office 2nd Floor Mobin Mahal G E Road Tehsil And District Raipur Chhattisgarh Through Authorized Signatory For National Insurance Company Limited Divisional Officevyapar Vihar Road Bilaspur Chhattisgarh, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - Smt. Samrin Deep Wd/o Late Fakira Alias Vikas Deep Aged About 40 Years R/o Ward No. 41 Near Ram Janki Temple Balgopal Hospital Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Smt. Santoshi Soni W/ Naveen Soni Aged About 24 Years R/o Ward No. 41 Near Ram Janki Temple Balgopal Hospital Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Smt. Kiran Sagar W/o Amit Sagar Aged About 23 Years R/o Ward No. 41 Near Ram Janki Temple Balgopal Hospital Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Narendra Deep S/o Late Fakira Alias Vikas Deep Aged About 22 Years R/o Ward No. 41 Near Ram Janki Temple Balgopal Hospital Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 - Ku. Pushpa Deep D/o Late Fakira Alias Vikas Deep Aged About 20 Years R/o Ward No. 41 Near Ram Janki Temple Balgopal Hospital Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh NIRMALA RAO 2 6 - Vasudeo Deep S/o Late Fakira Alias Vikas Aged About 18 Years R/o Ward No. 41 Near Ram Janki Temple Balgopal Hospital Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 7 - Shri Panna Deep S/o Late Shri Jago Deep Aged About 65 Years R/o Ward No. 41 Near Ram Janki Temple Balgopal Hospital Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 8 - Pitambar Vishwakarma S/o Basant Vishwakarma Aged About 35 Years R/o Village Tila Post Semra Tehsil Abhanpur District Raipur Chhattisgarh...........(Driver Of The Mini Bus No. Cg 04 E 1106), District : Raipur, Chhattisgarh 9 - Shri Chandrahas Sahu S/o Anandram Sahu Aged About 40 Years R/o Ward No. 12, Ravabhata Square Naya Raipur, Thana Rakhi, District Raipur Chhattisgarh...........(Owner Of The Mini Bus No. Cg 04 E 1106), District : Raipur, Chhattisgarh ... Respondent(s) For Appellant : Shri B.N. Nande, Advocate. For Respondents No.1 to 7 : Ms. Salini Jangde, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 19.09.2025 1. The appellant/ Insurance Company has challenged the award passed by the learned Fourth Additional Motor Accident Claims Tribunal, Raipur to the learned First Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.86 of 2018 dated 29.11.2018, whereby the learned Tribunal passed an award to the tune of Rs.30,44,619/- with interest @7.5% in favour of the claimants/ respondents No.1 to 7. 2. The facts of the present case are that on 30.11.2017 at about 9:20 am, when deceased Fakira alias Vikas Deep, proceeded to his office, the offending Mini Bus bearing registration No.C.G.04 E 1106, which was 3 being driven by Pitambar Vishwakarma rashly and negligently dashed the deceased. Resultantly, the deceased sustained injuries and died. The deceased was working on the post of Safai Karmi under the Municipal Corporation, Raipur and at the time of accident, he was 47 years old. Learned Tribunal framed issues and passed an award accordingly. 3. Learned counsel for the appellant would submit that the learned Tribunal has assessed the notional income of the deceased at a higher side by adding various allowances as part of the salary. He would pray to modify the award. 4. On the other hand, learned counsel for the claimants would oppose. 5. I have heard learned counsel for the parties and perused the documents present on record. 6. In para 7 of the award, the learned Tribunal has assessed the income part of the deceased. Learned Tribunal placed reliance on Ex.P/8 & P/9, the payment slips for the Months of November and December, 2017. According to these documents, the total salary of the deceased was Rs.19,932/-, comprising a pay-band of Rs.6,650/- and grade pay of Rs.1,300/-. He was also getting dearness allowance of Rs.10,812/-, and various other allowances, including house rent allowance as part of the salary. Therefore, the contention made by counsel for the appellant cannot be accepted. 7. I do not find any illegality or error of law in the award passed by the learned Tribunal regarding the assessment of the notional income of the deceased. Accordingly, this appeal fails and is hereby dismissed. 8. Heard on cross-objection filed by the claimants. The claimants have filed a cross-objection seeking enhancement of the compensation. 4 9. Learned counsel for respondents No.1 to 7 would submit that the learned Tribunal has not granted loss of consortium to all the claimants, who are children and parents of the deceased. She would submit that the learned Tribunal has awarded Rs.40,000/- only to the wife of the deceased i.e. claimant No.1 on head of loss of consortium. She would pray to award compensation to claimants No.2 to 7 for loss of consortium. 10. Shri B.N. Nande, counsel for Insurance Company would oppose. 11. Heard. 12. Perusal of the award would show that the learned Tribunal has rightly deducted ¼ from the income of the deceased for personal and living expenses, further awarded compensation for future prospects; rightly applied multiplier of 13; awarded Rs.15,000/- for funeral expenses and Rs.15,000/- for loss of estate. Learned Tribunal has awarded Rs.40,000/- for loss of consortium to wife of the deceased only whereas, there are total 7 claimants and thus, the award passed by the learned Tribunal requires modification. According to the law laid down by the Hon’ble Supreme Court in the matter of National Insurance Company Limited vs. Pranay Sethi and Others, reported in (2017) 16 SCC 680, all claimants would be entitled to get a sum of Rs.40,000/- for loss of consortium. As the learned Tribunal has already granted Rs.40,000/-, the remaining six claimants would be entitled for sum of Rs.40,000/- each, alongwith an additional sum of 20% as per the law laid down by the Hon’ble Supreme Court in the matter of Pranay Sethi (supra). 13. Considering the above-stated facts, the compensation is being revisited herein-below: 5 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 19,557 x 12 = Rs. 2,34,684/- Rs. 19,557 x 12 = Rs. 2,34,684/- 2. Deduction (-) 1/4 Rs. 58,671/- = Rs. (2,34,684-58,671 = Rs.1,76,013/-) (-) 1/4 Rs. 58,671/- = Rs. (2,34,684-58,671 = Rs.1,76,013/-) 3. Future Prospects 30% (Rs.6,86,450/-) 30% (Rs.6,86,450/-) 4. Multiplier (x) 13 = Rs. 22,88,169/- (1,76,013 x 13) (x) 13 = Rs. 22,88,169/- (1,76,013 x 13) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium (for appellant No. 1) Rs. 40,000/- Rs. 40,000/- 8. Loss of consortium(for appellants No. 2 to 7) - - Rs. 2,88,000/- (48,000 x 6= 2,88,000/-) TOTAL Rs.30,44,619/- Rs. 33,32,619/- 14. In view of the aforesaid analysis, the amount of compensation of Rs.30,44,619/- awarded by the Claims Tribunal is enhanced to Rs.33,32,619/-. Hence, after deducting the amount of Rs.30,44,619/-, the appellants/claimants are entitled for an additional amount of Rs.2,88,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 6 15. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi