1 2025:CGHC:46255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 858 of 2024 1 - Mithilesh Dubey S/o Late Rameshwar Prasad Dubey, Aged About 48 Years Bramhin By Caste, R/o. Village Panditpara, Ward No. 07, Nagar, Panchayat And Tahsil Wadraf Nagar, Police Station Basantpur, District Balrampur Ramanujganj Chhattigarh. 2 - Gajmotin Dubey W/o Mithilesh Dubey, Aged About 40 Years Bramhin By Caste, R/o. Village Panditpara, Ward No. 07, Nagar, Panchayat And Tahsil Wadraf Nagar, Police Station Basantpur, District Balrampur Ramanujganj Chhattigarh. ... Appellant (s) versus 1 - Jivesh Kumar Jayaswal S/o Shri Surendra Kumar Jayaswal, Aged About 27 Years R/o. Village Sarna, Police Station Raghunath Nagar, District Balrampur Ramanujganj Chhattisgarh (Owner Cum Driver Of Offending Vehicle Bearing Registration No. Cg 15 Dn 1595) 2 - I.C.I.C.I. Lambard General Insurance Company Limited, 3rd Floor, Kartaram Complex, Plot No. 334/11, Mg Road, Banaras Chowk, Ambikapur District Sarguja Chhattisgar (Owner Cum Driver Of Offending Vehicle Bearing Registration No. Cg15 Dn 1595) ... Respondent(s) For Appellant (s) : Shri Arun Kumar Shukla, Advocate For Respondent No.1 : Ms. Kusum Lalchandani, Advocate on behalf of Shri A.K.Yadav, Advocate For Respondent No.2 : Shri Shobhit Mishra, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 10/09/2025 1. I.A.No.1/2024, application under Order 41 Rule 27 of CPC is not 2 pressed. 2. Accordingly, the same is dismissed as not pressed. 3. Admit. 4. With the consent of the parties, the matter is heard finally. 5. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) has been filed challenging the award dated 12/01/2024 passed in Motor Accident Claim Case No.24/2022 by the Motor Accident Claims Tribunal, Balrampur, Place- Ramanujganj (CG). By the impugned award, against a claim of Rs.2,36,00,000/-/-, learned Tribunal has awarded compensation of Rs.11,79,360/- in favour of the appellants / claimants. 6. A claim application under Section 166 of the MV Act was filed on account of death of Vipin Dubey in an accident that occurred on 17/09/2021 by rash and negligent driving of the offending vehicle (Scorpio) bearing registration No.CG-15 DN 1595 by respondent No.1 (owner) and insured with respondent No.2. As per pleadings of the claim application, the deceased was aged about 22 years and was earning Rs.50,000/- per month by manufacturing fly ash bricks. Therefore, the aforestated compensation was claimed. 7. The respondent No.1 denied the averments of the claim application and stated that the deceased was responsible for the accident. Respondent No.2 filed written statement and denied averments of the claim application. The insurance company took a plea that there is violation of the terms and conditions of the insurance policy. 8. On the basis of above pleadings, learned claims tribunal framed issues and decided the same in favour of the appellants / claimants and awarded the abovestated compensation. 9. Learned counsel for the appellant submits that the appellants were dependent upon the income of the deceased. Considering the dependency, minimum wages and nature of job of the deceased, learned Tribunal ought to have considered the monthly income of the deceased to Rs.10,000/-. Apart 3 from this, he submits that compensation on all other heads requires suitable enhancement. 10. Per contra, learned counsel for respondent No.2 submits that just compensation has been awarded and there is no requirement of any interference by this Court in the impugned award. 11. Heard learned counsel for the parties, considered their rival submissions and perused the record. 12. Taking into consideration the submissions made, age of the deceased, date of accident, nature of job and minimum wages prevailing, this Court is inclined to assess the monthly income of the deceased to Rs.9,000/- and taking guidance from the judgments of the Hon’ble Supreme Court in the case of Sarla Verma and ors. v. Delhi Transport Corporation and ors., (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi and ors, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018) 18 SCC 130, this Court propose to recompute the compensation in the following manner - 1. Monthly income Rs.9000/- 2. Future prospects 40% (9000 + 3600) Rs.12600/- 3. Yearly income (12600x12) Rs.151200/- 4. 1/2 deduction for personal expenses (151200-75600) Rs.75600/- 5. Multiplier of 18 (75600 X 18) Rs.1360800/- 6. Funeral Expenses and Loss of estate +Rs.33,000/- 7. Filial consortium +Rs.88,000/- Total Compensation =Rs.1481800/- 13. The learned Tribunal has awarded Rs.1209360/- which is deducted from 4 the total compensation now awarded and the enhanced compensation comes to Rs.272440/-. Looking to the facts and circumstances of the case, interest @ 6% is also awarded on the enhanced amount of compensation from the date of filing of appeal i.e. 24/04/2024 to be deposited by the insurance company within a period of 60 days. After the amount of compensation is deposited, Rs.1 lakh each be invested in the name of appellant No.1 and appellant No.2 for two years as fixed deposit in a Nationalised Bank. Remaining amount shall be disbursed to appellant No.2 through Bank transaction / account payee cheque. 14. The appeal, thus, partly allowed. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.17 14:08:41 +0530