1 MAC No.660 of 2018 2025:CGHC:22920 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 660 of 2018 1 - Smt. Manju Devi W/o Late Vinod Kumar Singh Aged About 42 Years R/o Village Bhatiyadih, Hasda, Tahsil Berla, District Bemetara At Present Address- C/o Satya Narayan Singh, Kalavati Bhawan, Road No.5, Steel Colony, Police Station Supela, District Durg, Chhattisgarh, District : Durg, Chhattisgarh 2 - Naveen Kumar Singh S/o Late Vinod Kumar Singh Aged About 22 Years R/o Village Bhatiyadih, Hasda, Tahsil Berla, District Bemetara At Present Address- C/o Satya Narayan Singh, Kalavati Bhawan, Road No.5, Steel Colony, Police Station Supela, District Durg, Chhattisgarh, District : Durg, Chhattisgarh 3 - Praveen Kumar Singh S/o Late Vinod Kumar Singh Aged About 20 Years R/o Village Bhatiyadih, Hasda, Tahsil Berla, District Bemetara At Present Address- C/o Satya Narayan Singh, Kalavati Bhawan, Road No.5, Steel Colony, Police Station Supela, District Durg, Chhattisgarh (Claimants), District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - Sanjeev Kumar Upadhyay @ Chhotan S/o Prabhunarayan Upadhyay R/o Village Baralota, Police Station Sadar, Palamu, District Palamu (Jharkhand) (Driver Of Scorpio No. J.N.-14-B- 3446), District : Palamu, Jharkhand 2 MAC No.660 of 2018 2 - Anil Kumar Singh S/o Late Ramyash Singh R/o Village Sahjana, Gadhwa, Police Station Gadhwa (Jharkhand) (Owner Of Scorpio No. J.H.-14-B-3446), District : Garhwa *, Jharkhand 3 - The Divisional Manager National Insurance Company Limited, Divisional Office Akashganga Complex, Supela, Bhilai, Tahsil And District Durg, Chhattisgarh (Insurer Of Scorpio No. J.H.-14-B-3446), District : Durg, Chhattisgarh ... Respondent(s) For Appellants : Mr. Sanjay Agrawal, Advocate For Respondent(s) : Mr. Qamrul Aziz, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board (10.06.2025) 1. This appeal arises out of the award dated 15.01.2018 passed by 1th Additional Motor Accident Claims Tribunal, Durg (C.G.), in Claim Case No.152/2015 awarding a compensation of Rs.7,00,000/- with interest @ 7% per annum, in favour of the appellants/claimants for their irreparable loss. 2. The averment in the claim petition, is that On the intervening night of June 4–5, 2011, the deceased, Vinod Kumar Singh, was traveling with his relatives in a Scorpio vehicle (No. JH-14-B-3446) from his niece’s house towards Daltonganj Railway Station. Near the accident site, just before Patan Mod on the NH road, the vehicle driver drove rashly and negligently, causing the vehicle to collide with a tree. All passengers 3 MAC No.660 of 2018 sustained injuries; the deceased suffered serious injuries and was taken to the hospital, where he later died. At the time of the accident, the deceased was 43 years old, healthy, and the sole breadwinner of his family, which was dependent on him. His sudden death led to economic hardship for the family. He was engaged in farming on his own land in village Bhatiyadih and earned an annual income of 1,26,340 ₹ . The accident occurred due to the rash and negligent driving of the Scorpio's driver (Respondent No.1). Respondent No.2 is the owner, and Respondent No.3 is the insurer of the said vehicle. Therefore, all respondents are jointly and severally liable to pay compensation. An FIR was registered at Garhwa Police Station, District Palamu. Since the applicants reside within the jurisdiction of this Court, it has the authority to hear the matter. Hence this appeal. 3. Learned Tribunal, on a close scrutiny of the evidence brought on record, assessed monthly income of the deceased to Rs.5,000/-, given 10% future prospects, deducted 1/3 income towards personal and living expenses and applied multiplier of 14 and awarded Rs. 6,30,000/-. Furthermore, Rs.70,000/- has been awarded by the Tribunal in other heads. Thus, total Rs.,7,00,000/- has been awarded in favour of the appellants/claimants with interest @ 7% per annum, from the 4 MAC No.660 of 2018 date of application till its realization. 4. While passing the impugned award, as the Tribunal has found that there was no breach of insurance conditions, therefore, the Tribunal has fastened the liability upon Respondent No.3 i.e. Insurance Company. Hence, this appeal has been filed by the appellants/claimants for enhancement of compensation. 5. Learned counsel for the appellants/claimants submits that the compensation awarded by the Tribunal is on the lower side and needs to be enhanced suitably. He further submits that the claimants have pleaded the income of the deceased as Rs. 10,528/- per month, but the learned Claims Tribunal has only assessed the income of the deceased as Rs.5,000/- per month and awarded total compensation of Rs. 6,30,000/- including the amount of other conventional heads of Rs. 70,000/-. The learned counsel urged that the Tribunal erred in not assessing the proper monthly income of the deceased. Learned Counsel further submits that the Tribunal has also awarded lesser amount on other heads and also future prospect has not been added to the award, therefore, this appeal may be allowed and amount of compensation may be enhanced suitably. 6. None appeared on behalf of respondents No. 1 & 2. 5 MAC No.660 of 2018 7. On the other hand, it is submitted on behalf of counsel for respondent No.3 that in view of facts and circumstances of case, the liability fastened by the Claims Tribunal is just and proper and requires no interference. 8. I have heard counsel for the parties, perused the documents on record and particularly the award passed by the Tribunal. 9. Now this Court shall examine as to whether the compensation of Rs.7,00,000/- 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, though the claimants have pleaded that the deceased was earning Rs.10,528/-. per month from agricultural labourer, but no documentary evidence in support thereof has been produced, but it cannot be said that the deceased was not earning anything from his work. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident, wage structure prevailing on the date of accident, price index and cost of living etc. Upon considering the aforementioned factors, this Court finds it appropriate to take income of deceased as Rs.5,000/- per month 6 MAC No.660 of 2018 as minimum wages, at the relevant time of accident i.e. the intervening night of 04.06.2011 – 05.06.2011. The annual income comes to Rs.60,000/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 25% towards future prospects i.e. Rs.6,250/-, the annual income comes to Rs.75,000/-. 11. The deceased was aged about 45 years and the claimants are the wife and children of the deceased so deduction towards personal expenses would be 1/3 which comes to Rs.25,000/-. 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 considering the age of the deceased, after applying multiplier of 14, the total loss of dependency works out to Rs. 7,00,000/- (50,000 x 14). The claimants are further entitled to get Rs. 15,000/- for loss of estate, Rs. 15,000/- for funeral expenses and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, they are further entitled to get Rs. 40,000/- each for loss of consortium. This Court is also of the view that in the case of National Insurance Company Ltd (supra) the reasonable figures on conventional 7 MAC No.660 of 2018 heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- each and Rs. 15,000/- respectively. The aforesaid amounts should be enhanced @ 10% in every three years. In considering the observation of the Hon'ble Supreme Court in Pranay Shetty (supra), the conventional heads may be enhanced 10% after every three years. So, in the case at hand, the instant appeal has been filed in the year of 2018. Hence, the claimants would be entitled for 10% enhancement on the amount under the other conventional heads. So, by enhancing the amount awarded under other conventional heads at the rate of 10%, the claimants are entitled for a sum of Rs.18,000/- (15000 + 1500 + 1500 increase after every three years) and funeral expenses i.e. total Rs.36,000/- under both the heads. Likewise, appellants No.1 to 3 are entitled for Rs.48,000/- each (40000 + 4000 + 4000 increase after every three years) i.e. Rs.1,44,000/- towards loss of loss of love and affection, therefore, appellant/claimants become entitled for total compensation of Rs. 8,80,000/-. Thus, the claimants are entitled for compensation in the following manner:- S.No. Heads Calculation 1. Towards loss of dependency Rs.7,00,000/- 2. Towards loss of estate Rs.18,000/- 8 MAC No.660 of 2018 3. Funeral Expenses Rs.18,000/- 4. Towards loss of consortium to each claimants @ Rs. 48,000/- Rs.1,44,000/- Total Rs.8,80,000/- 12. Accordingly, the total compensation is enhanced to Rs.8,80,000/- from Rs.7,00,000/-. Thus, there is an enhancement of Rs.1,80,000/-, which shall carry interest at the same rate as awarded by the Tribunal (7% p.a.) from the date of claim petition till realization. 15. As a result, the appeal is allowed in part. The award dated 15.01.2018 is modified to the extent indicated above. Rest of the terms and conditions of the Tribunal’s award remain intact. 16. The Registry is directed to intimate the claimants in writing regarding the enhanced amount. Certified Copy as per rules. Sd/- (Amitendra Kishore Prasad) Judge Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA