1 2025:CGHC:16988 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 984 of 2019 1. Smt. Kamlini Sahu W/o Late Shri Gautam Sahu, Aged About 26 Years, R/o Nanakpali, Thana And Tahsil- Saraypali, District- Mahasamund, Chhattisgarh. 2. Minor Umesh Kumar Sahu S/o Late Shri Gautam Sahu, Aged About 4 Years Through Natural Guardian Mother Smt. Kamlini Sahu, R/o Nanakpali, Thana And Tahsil- Saraypali, District- Mahasamund, Chhattisgarh. 3. Minor Somesh Kumar Sahu S/o Late Shri Gautam Sahu, Aged About 2 Years Through Natural Guardian Mother Smt. Kamlini Sahu, R/o Nanakpali, Thana And Tahsil- Saraypali, District- Mahasamund, Chhattisgarh. 4. Smt. Janki Bai Sahu W/o Shri Bhagwano Sahu, Aged About 50 Years, R/o Nanakpali, Thana And Tahsil- Saraypali, District- Mahasamund, Chhattisgarh. 5. Bhagwano Sahu S/o Shri Rupdhar Sahu Aged About 55 Years R/o Nanakpali, Thana And Tahsil- Saraypali, District- Mahasamund, Chhattisgarh. --- Appellants versus 1. Majhar Ali S/o Shri Nisar Ali Khan R/o Village- Palsi, Thana And Tahsil- Darwa, District- Yewatmal, Maharashtra (Driver) 2. Manidar Singh Ghotara S/o Shri Nishan Singh Ghotara R/o Ring Road No. 2, Tatibandh,raipur, District- Raipur, Chhattisgarh (Owner). 3. Regional Manager United India Insurance Company Limited, Branch Office- Krishna Complex, Near Kachahari Chowk, Raipur, District- Raipur, Chhattisgarh (Insurance Company) SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.04.15 18:23:13 +0530 2 --- Respondents For Appellants/Claimants : Mr. Rajendra Patel, Advocate on behalf of Mr. Sunil Sahu, Advocate. For Respondent No. 3 : Mr. Praveen Kumar Tulsyan, Advocate on behalf of Mr. Anil Gulati, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (11.04.2025) 1. This appeal arises out of the award dated 25.03.2019 passed by the learned Additional Motor Accident Claims Tribunal, Saraypali, District-Mahasamund (C.G.) in Claim Case No. 30/2017 awarding a compensation of Rs. 8,35,000/- with interest @ 6% per annum, in favour of the appellants/claimants for their irreparable loss. 2. The averment in the claim petition, in brief, is that on 08.04.2017, when Gautam Sahu (now deceased) was driving truck bearing registration No. CG04GE7888 carrying goods and when reached near Village Lohara Chatti Road, the truck bearing registration No. CG 04 JC 9617, driven by Respondent No. 1 in a rash and negligent manner and suddenly applied the brakes, as a result of which, the accident was taken place and Gautam Sahu (deceased) suffered grievous injuries and died while undergoing treatment. After that, a report was lodged based on the above stated offence. It is stated that on the date of the incident, the age of the deceased was 29 years who was working as driver and was earning Rs.15,000/- per month from his work. Due to the casual death of the husband/father/son of the appellants/claimants, there is an irreparable loss to the appellants. Therefore, the appellants preferred an application to claim a total compensation of Rs. 3 33,70,000/- for their irreparable loss. 3. The learned Claims Tribunal found that though the claimants have pleaded the income of the deceased as Rs. 15,000/- per month and Bhojraj Agrawal, who employed Gautam sahu as a driver and stated that he paid him Rs.15,000/- monthly and provided a salary certificate (Ex-P/8) but income of deceased could not be verified as Rs.15,000/-, therefore, after appreciation of evidence and material available on record, the income of the deceased was taken as Rs.5,000/- per month. The aged of deceased considered about 29 years and the claimants are the wife, son and parents of the deceased so deduction towards personal and caring expenses would be 1/4 and after applying a multiplier of 17, the total loss of dependency works out to Rs. 7,65,000/- and Rs.70,000/- has been awarding on other heads. Thus, total compensation of Rs.8,35,000/- with interest @ 6% per annum, in favour of the appellants/claimants. Hence, this appeal for enhancement. 4. Learned counsel for the appellants/claimants submits that the claimants have pleaded the income of the deceased as Rs.15,000/- per month but the learned Claims Tribunal has only assessed the income as Rs. 5,000/- per month which is on the lower side. Learned counsel for appellants also submits that the tribunal has not computed future prospect which should be computed as 40% and he also submits that the Tribunal has awarded lesser compensation under other heads which also needs to be enhanced suitably. Therefore, this appeal may be allowed. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Learned Claims Tribunal is just and proper and requires no further enhancement. 6. Heard counsel for the parties and perused the documents available on record. 4 7. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 8. Now this Court shall examine as to whether the compensation of Rs.8,35,000/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. The Tribunal has not accepted the salary certificate Ex.A-8 submitted by Bhojraj Agarwal in the absence of necessary register and other documents, which is found to be correct. Therefore, as regards income of the deceased, keeping in mind the wage structure prevailing on the date of accident, price index and cost of living etc., I find it appropriate to take income of deceased as Rs. 8,450/- per month. The annual income of the deceased comes to Rs. 1,01,400/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 40% towards future prospects i.e. Rs. 40,560/-, the annual income of the deceased comes to Rs. 1,41,960/-. 10.The deceased was aged about 29 years and was married and the claimants are the wife, son, mother and father of the deceased so deduction towards personal and caring expenses would be 1/4 i.e., 35,490/-, as has rightly held by the Tribunal, the annual dependency comes to Rs. 1,06,470/-. 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 17, as has rightly held by the Claims Tribunal, the total loss of dependency works out to Rs. 18,09,990/-. The claimants are further entitled for loss of estate Rs. 15,000/-, for funeral expenses Rs. 15,000/- and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 5 SC 189, the claimants are further entitled for loss of love and affection Rs. 40,000/- each i.e. Rs. 2,00,000/-. Therefore, the claimants would become entitled for total compensation of Rs. 20,39,990/-. Thus, the claimants are entitled for compensation in the following manner:- S.No. Heads Calculation 01 Compensation towards dependency Rs. 18,09,990/- 02 Towards loss of estate Rs. 15,000/- 03 Towards Love and affection to all the two claimants @ Rs. 40,000/- Rs. 2,00,000/- 04 Funeral Expenses Rs. 15,000/- Total compensation Awarded Rs. 20,39,990/- 11. Thus, the total compensation is recomputed as Rs. 20,39,990/-. After deducting Rs. 8,35,000/- as awarded by the tribunal, the enhancement would be Rs. 12,04,990/-. 12. In the result, the appeal is partly allowed. The claimants shall be entitled to Rs. 12,04,990/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry simple interest @ 6% from the date of enhancement of the award till its realization. The rest of the conditions shall remain intact. 13. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.