-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 181 of 2021 1 - Rajkumar Shriwas S/o Shivprasad Shriwas, Aged About 27 Years R/o Village And Post Masturi, Police Station And Tahsil Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Appellant versus 1 - Narayan Shriwas S/o Late Ramanuj Shriwas, Aged About 38 Years R/o Village And Post Bhanthagaon, Police Station Purani Basti, Raipur, District Raipur (Chhattisgarh) At Present Near Durga Temple, Tajnagar, Pandari, Raipur, District Raipur (Chhattisgarh) (Driver Of The Vehicle Honda Activa- -04 G No. C.G.-11 A.L. 9976), District : Raipur, Chhattisgarh 2 - Hemlata Shriwas S/o Shivprasad Shriwas, Aged About 25 Years R/o Village And Post Podibhantha (Bhatthapara), Police Station And Tahsil Akaltara, District Janjgir Champa (Chhattisgarh). (Owner Of The Vehicle Honda Activa- 04 G.No. C.G.-11 A.L. 9976), District : Janjgir-Champa, Chhattisgarh 3 - Shri Ram General Insurance Company Limited, Through Divisional Manager, Divisional Office Chhattisgarh Plaza, 2nd Floor, S-08 And S-09, Near Telephone Exchange Office, Agrasen Chowk, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. (Insurer Of The Vehicle Honda Activa- 04 G No. C.G.-11 A.L. 9976), District : Bilaspur, Chhattisgarh --- Respondent(s) MAC No. 333 of 2021 1 - Shriram General Insurance Company Limited Through Branch Manager, S - 8, S - 2nd Floor, C.G. Plaza Agrasen Chowk, Near Telephone Exchange Office, Bilaspur Tehsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---Appellant Versus 1 - Shivprasad Shrivas S/o Shri Ramji Shrivas Aged About 55 Years R/o Post Masturi, Thana Masturi, Tehsil Masturi District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh (since dead) 2 - Rajkumar Shrivas S/o Shivprasad Shrivas Aged About 27 Years R/o Post Masturi, Thana Masturi, Tehsil Masturi District Bilaspur Chhattisgarh. (Claimants), District : -2- Bilaspur, Chhattisgarh 3 - Narayan Shrivas S/o Late Ramanuj Shrivas Aged About 38 Years R/o Village And Post Bhatagaon, Thana Purani Basti, Raipur, District Raipur Chhattisgarh. (Driver), District : Raipur, Chhattisgarh 4 - Hemlata Shrivas D/o Shivprasad Shrivas Aged About 25 Years R/o Village And Post Podibhata (Bhattapara) Tehsil And Thana Akaltara District Janjgir Champa Chhattisgarh. (Owner), District : Janjgir-Champa, Chhattisgarh ... Respondents For Appellant/Claimant : Mr. Anand Kesharwani, Advocate in MAC No.181 of 2021 For Respondent No.3 in : Ms. Santoshi Yadav, Advocate holding the MAC No.181 of 2021 brief of Mr. Utsav Mahiswar, Advocate For appellant in : Ms. Santoshi Yadav, Advocate holding the MAC No.333 of 2021 brief of Mr. Utsav Mahiswar, Advocate For respondent No.1/claimant : Mr. Anand Kesharwani, Advocate in MAC No.333 of 2021 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.09.2025 1) Heard. 2) The claimant and Insurance Company have challenged the award passed by the learned Second Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No.151/2019 dated 27.01.2020, whereby, learned Tribunal passed an award to the extent of Rs.11,14,068/- with interest @ 6% on account of death of Smt. Bhushan Bai Shriwas on 13.02.2018. 3) Mr. Kesharwani, counsel appearing for the appellant/claimant would submit that on 13.02.2018, the offending vehicle Hero Honda Activa 4-G bearing registration No.C.G.11A.L.9976 dashed the deceased and consequently, she died. He would contend that at the time of accident, age of the deceased was 48 years and she was earning Rs.15000/- per month as she was running a -3- beauty parlour. He would further contend that the learned Tribunal has considered the monthly income of the deceased Rs.6000/- per month which is at lower side. He would pray to enhance the compensation. 4) On the other hand, Ms. Yadav, the learned counsel appearing for the Insurance Company would oppose the submissions made by Mr. Kesharwani. She would submit that the date of accident was 13.02.2018, whereas, FIR was lodged on 11.08.2018 by the Head Constable namely, Sheikh Nazir vide Ex.P/1. She would further submit that there was delay of six months in registration of FIR which makes the case of the claimant doubtful. She would contend that the award passed by the learned Tribunal may be set aside. 5) I have heard the learned counsel appearing for the parties and perused the record. 6) Learned Tribunal assessed the income of the deceased to the tune of Rs.6000/- per month. On 11.02.2018, the minimum wages payable to semi- skilled labour was Rs.9100/- according to the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh. The deceased was running a beauty parlour. Therefore, learned Tribunal ought to have assessed the monthly income to the tune of Rs.9100/- per month instead of Rs.6000/- and accordingly, the award requires interference in this regard. 7) The learned Tribunal has awarded just and proper compensation on other heads. 8) The learned Tribunal rightly applied multiplier of 13 looking to the age of the deceased and deduction part is also according to the law. 9) With regard to the contention made by Ms. Yadav, regarding delay in -4- registration of FIR, learned Tribunal has considered this aspect in para 16 of the impugned award and has held that the morgue intimation was registered on 13.02.2018 itself and there was delay on the part of the police regarding registration of FIR. 10) Considering the reasons assigned by the learned Tribunal, I do not find any force on submission made by Ms. Yadav. Accordingly, the contention made by the Insurance Company is hereby rejected. 11) The compensation is being revisited herein below: Sr.No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 6,000 x12 = Rs. 72,000/- Rs. 9100 x 12 = Rs. 109200/- 2. Future Prospect 72000/100 x 25 = 18000/- 109200/100 x 25 = 27300/- 3. Deduction 72000 + 18000 = 90000/- (-) 1/3 = 30,000/- Total - 60000/- 109200 + 27300 = 136500/- (-) 1/3 = 45500/- Total - 91000/- 4. Multiplier (x) 13 = Rs. 7,80,000/- (x)13 =Rs.11,83000/- 5. Loss of Estate Rs.15000/- Rs.18000/- 6. Funeral expenses Rs.15000/- Rs.18,000/- 7. Loss of Consortium Rs.40000/- Rs.48000/- 8. Medical expenses Rs. 2,64,068/- Rs. 2,64,068/- 9. Total Rs.11,14,068/- Rs. 15,31,068/- -5- 12) Accordingly, the amount of compensation of Rs.11,14,068/- awarded by the Claims Tribunal is enhanced to Rs.15,31,068/-. Hence, after deducting the amount of Rs.11,14,068/-, the appellant/claimant is entitled for an additional amount of Rs.4,17,000/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal till its realization. 13) Accordingly, the appeal preferred by the appellant/claimant is hereby partly allowed and the impugned award is modified to the extent as indicated herein- above. The appeal preferred by the Insurance Company is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha