1 2025:CGHC:45463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 900 of 2019 1 - Bandhuram S/o Sunaram Aged About 48 Years R/o Village Ukai (Dhanguri) Police Station And Tahsil Sanna, District Jashpurnagar, Chhattisgarh Present R/o Atal Awas Fundurdihari, Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 2 - Smt. Sathni W/o Bandhuram Aged About 46 Years R/o Village Ukai (Dhanguri) Police Station And Tahsil Sanna, District Jashpurnagar, Chhattisgarh Present R/o Atal Awas Fundurdihari, Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3 - Ku. Kapila Bai D/o Bandhuram Aged About 10 Years Through The Legal Mother And Father For The Appellant No. 1, R/o Village Ukai (Dhanguri) Police Station And Tahsil Sanna, District Jashpurnagar, Chhattisgarh Present R/o Atal Awas Fundurdihari, Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - Rajesh Ram S/o Bandhuram Aged About 8 Years Through The Legal Mother And Father For The Appellant No. 1, R/o Village Ukai (Dhanguri) Police Station And Tahsil Sanna, District Jashpurnagar, Chhattisgarh Present R/o Atal Awas Fundurdihari, Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 5 - Pawan Ram S/o Bandhuram Aged About 12 Years Through The Legal Mother And Father For The Appellant No. 1, R/o Village Ukai (Dhanguri) Police Station And Tahsil Sanna, District Jashpurnagar, Chhattisgarh Present R/o Atal Awas Fundurdihari, Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 6 - Anjita D/o Bandhuram Aged About 6 Years Through The Legal Mother And Father For The Appellant No. 1, R/o Village Ukai (Dhanguri) Police Station And Tahsil Sanna, District 2 Jashpurnagar, Chhattisgarh Present R/o Atal Awas Fundurdihari, Ambikapur District Surguja Chhattisgarh. ... Appellants versus 1 - William Toppo S/o Silbanus Toppo Aged About 44 Years R/o Village Naya Bazar, Khairadih, Pratappur, Police Station And Tahsil Pratappur, District Surajpur, Chhattisgarh Present R/o Turrapani, Fundrudihari,ambikapur District Surguja Chhattisgarh.(Owner ), District : Surguja (Ambikapur), Chhattisgarh 2 - Bracnch Manager, Limited India Insurcanse Comapany Limited, Bramha Road, Near Kumkum Hotel Ambikapur, Police Station And Tahsil Ambikapur, District Surgujas, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Appellants : Mr. Sanjeev Verma, Advocate For Respondent No. 2 : Mr. Abhishek Mishra, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 04/09/2025 This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) challenging the award dated 13.02.2019 passed in Claim Case No. 72/2018 by the Motor Accident Claim Tribunal, Ambikapur, District Sarguja, CG. By the impugned award, against a claim of Rs. 88,56,000/-, the learned Tribunal has awarded compensation of Rs. 7,50,400/- on account of death of deceased Niranjan Ram in an accident that took place on 10.06.2017 by rash and negligent driving of the offending vehicle motorcycle bearing registration No. CG 15 Y 9248 driven by deceased, owned by respondent No. 1 / owner and insured with the respondent No. 2 / insurance company. 2. As per the pleadings of the claim application, the deceased was aged about 18 years and was earning Rs. 6500/- and was working as a labour. 3 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 Niranjan Ram on the date of accident was aged about 18 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. 6500/- 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 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 6500/- 2. 40% Future prospect 2600/- 3. Total Monthly Income (6500+2600) 9100/- 4. Total Yearly Income (9100x12) 109200/- 5. 1/2 Deduction for personal expenses of deceased 54600/- 6. Net income 54600/- 7. Multiplier of 18 applied to assess total loss of dependency 9,82,800/- 8. Funeral Expenses 15000/- 4 9. Loss of estate 15000/- 10. Parental and Filial consortium 2,40,000/- Total compensation 12,52,800/- 8. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 7,50,400/- awarded by learned tribunal is enhanced to Rs. 12,52,800/-. Hence, after deducting the amount of Rs. 7,50,400/-, the claimants are held entitled for an additional amount of Rs. 5,02,400/-. The additional amount shall carry interest @ 6% per annum from the date of this registration appeal i.e. 06.05.2019. 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. On deposit learned Tribunal shall pass appropriate order with regard to investment, apportionment and disbursement of the enhanced amount of compensation amongst the claimants. Sd/- (Sachin Singh Rajput) JUDGE Pawan