1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 223 of 2021 1 - Indrajeet Chandrakar S/o Beshilal Chandrakar, Aged About 49 Years R/o Village Rakhi, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 2 - Smt. Shashi Chandrakar, W/o Indrajeet Chandrakar, Aged About 49 Years R/o Village Rakhi, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 3 - Kumari Osin Chandrakar, D/o Indrajeet Chandrakar, Aged About 25 Years R/o Village Rakhi, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ... Appellants versus 1 - Dilip Kumar Vaishnav S/o Narendra Kumar Vaishnav, Aged About 32 Years R/o Village Gabhara, Tahsil Patan, District Durg Chhattisgarh, District : Durg, Chhattisgarh 2 - Tikendra Chandrakar, S/o Kuleshwar Chandrakar, Aged About 49 Years R/o Village Motipur, Thana Amleshwar District Durg Chhattisgarh., District : Durg, Chhattisgarh 3 - Branch Manager, The Ifko Tokiyo General Insurance Company Limited, 205, 2nd Floor M.M. Silver Plaza In Front Of Garden Bhavan Ring Road No. 1 Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ... Respondent(s) For Appellant : Ms. Shaleeni Jangde on behalf of Mr. A. L. Singroul, Advocate For Respondent No. 3 : Mr. Pravesh Sahu on behalf of Mr. P. R. Patankar, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 12/09/2025 This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) challenging the award dated 11.12.2020 passed in Claim Case No. 13/2019 by the Motor Accident Claim Tribunal, Dhamtari, District Dhamtari, CG. 2 By the impugned award, against a claim of Rs. 53,32,000/-, the learned Tribunal has awarded compensation of Rs. 7,10,400/- on account of death of deceased Shubham Chandrakar in an accident that took place on 21.10.2018 by rash and negligent driving of the offending vehicle Bolero bearing registration No. CG 04 DJ 9012 driven by respondent No. 1 / driver, owned by respondent No. 2 / owner and insured with the respondent No. 3 / insurance company. 2. As per the pleadings of the claim application, the deceased was aged about 24 years and was earning Rs. 20,000/- and was working as a contractor. 3. The claim application was resisted by the respondents on various grounds and the learned Tribunal framed issues on the basis of the pleadings and decided the same in favour of the appellants / claimants. 4. Learned counsel for the appellants / claimants submits that the income of the deceased has been taken on the lower side and compensation on all other heads is also on the lower side. In support of above contention, reliance has been placed on the decisions of the Hon'ble Supreme Court in the matters of Smt. Sarla Verma and others VS. Delhi Transport Corporation and another reported in (2009) 6 SCC 121, National Insurance Co. Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680. 5. Learned counsel for the respondents supports the award and submits that just compensation has been awarded hence no interference is warranted. 6. Heard the learned counsel for the parties, considered their rival submissions and perused the record. 7. Considering that the deceased Shubham Chandrakar on the date of accident was aged about 24 years, keeping in view the nature of his job, evidence available on record, number of dependents and minimum wages prevailing, this Court holds the monthly income of the deceased to Rs. 8500/- per month. In light of the judgments of the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi (supra); Sarla Verma & Ors. (supra) and Magma 3 General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this Court is computing the compensation as below:- S. No. Description Amount 1. Monthly income 8500/- 2. 40% Future prospect 3400/- 3. Total Monthly Income (8500+3400) 11,900/- 4. Total Yearly Income (11900x12) 1,42,800/- 5. 1/2 Deduction for personal expenses of deceased 71,400/- 6. Net income 71,400/- 7. Multiplier of 18 applied to assess total loss of dependency 12,85,200/- 8. Funeral Expenses 15,000/- 9. Loss of estate 15,000/- 10. Parental and Filial consortium 1,20,000/- Total compensation 14,35,200/- 8. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 7,10,400/- awarded by learned tribunal is enhanced to Rs. 14,35,200/-. Hence, after deducting the amount of Rs. 7,10,4000/-, the claimants are held entitled for an additional amount of Rs. 7,24,800/-. The additional amount shall carry interest @ 6% per annum from the date of appeal i.e. 05.04.2021. The impugned award stands modified to the above extent. 9. The Insurance Company is directed to deposit the enhanced amount of compensation within 60 days. After deposit 2,00,000/- (each) shall be invested as fixed deposit in a nationalized bank for a period of two years in the name of appellant Nos. 1 to 3 and remaining amount shall be paid to appellant No. 2 through bank transaction/account payee cheque. No cost. Sd/- (Sachin Singh Rajput) JUDGE Pawan