1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 73 of 2020 1 - Indrotin Bai Verma Wd/o Ganpat Lal Verma Aged About 50 Years Resident Of Village Barda, Police Chowki Lawan, Police Station Kasdol, District Baloda Bazar Bhatapra Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 2 - Yogesh Kumar Verma S/o Ganpat Lal Verma Aged About 33 Years Resident Of Village Barda, Police Chowki Lawan, Police Station Kasdol, District Baloda Bazar Bhatapra Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 3 - Ashish Kumar Verma S/o Ganpat Lal Verma Aged About 27 Years Resident Of Village Barda, Police Chowki Lawan, Police Station Kasdol, District Baloda Bazar Bhatapra Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 4 - Pekhan Kumar Verma S/o Ganpat Lal Verma Aged About 21 Years Resident Of Village Barda, Police Chowki Lawan, Police Station Kasdol, District Baloda Bazar Bhatapra Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ... Appellants versus 1 - Rajesh Nirmalkar S/o Dhanush Nirmalkar Aged About 26 Years Resident Of Village Chherkapur, Police Station Palari, District Baloda Bazar Bhatapara (Driver Of Offending Vehicle Truck Bearing Registration No. C.G. 04-L.M.- 2721), District : Balodabazar- Bhathapara, Chhattisgarh 2 - Anurag Jain Office Shrinivas Road Liyansh T-14, Raheja Tower Fafadih, Raipur, District Raipur Chhattisgarh Resident Of Daldal Seoni, Raipur Mova, District Raipur (Owner Of Offending Vehicle Truck Bearing Registration No. C.G. 04-L.M.- 2721), District : Raipur, Chhattisgarh 3 - Power Of Attorney Shiv Kumar Sahu , Son Of Badri Prasad Sahu, Aged About 40 Years Resident Of Bhadrapara, Police Station Balco Nagar, District Korba Chhattisgarh.(Power Of Attorney Of Offending Vehicle Truck Bearing Registration No. C.G.04-L.M.-2721), District : Korba, Chhattisgarh 4 - The New India Insurance Company Limited Jeevan Beema Marg Beside Chhoti Railway Line, Pandri Raipur Chhattisgarh, Local Office Ambedkar Chowk Deendayal Agrawal Complex Baloda Bazar Chhattisgarh (Insurer Of Offending Vehicle Truck Bearing Registration No. C.G. 04-L.M.-2721) (Policy No. 46010731170100001975 Maturity During From 03-11-2017 To 02-11-2018), District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent(s) 2 For Appellants : Ms. Ritika Verma on behalf of Mr. Satya Prakash Verma, Advocate For Respondent No. 4 : Mr. Azad Siddiqui, Advocate Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 09.09.2 025 1) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) has been filed by the appellants/claimants, being aggrieved by the award dated 25.07.2019 passed by the learned 2nd Additional Motor Accident Claims Tribunal, Baloda Bazar, District - Baloda Bazar (C.G.) (for short ‘learned Tribunal’) in Claim Case No. 26/2018. 2) By the impugned award, the learned Tribunal has awarded compensation of Rs. 7,64,000/- to the appellants/claimants, on account of the death of deceased/Ganpat Lal Verma in an accident that took place on 01.12.2017 by rash and negligent driving of the offending vehicle (Truck) bearing Registration No. CG-04-LM-2721 by respondent No.1, owned by respondent No.2 and insured with respondent No.4/Insurance company. As a result of the said accident, the deceased suffered grievous injuries and died on the spot. 3) As per the pleadings, the deceased/Ganpat Lal Verma, was aged about 55 years and was working as a driver, besides being engaged in agricultural activities and other sources of livelihood, from which he was earning a total monthly income of Rs. 14,000/-. The appellants/claimants were dependent upon the income of the deceased. 4) The respondent No. 1 filed his written statement and denied the averment of the facts. Respondent No.4 /Insurance company in usual course, denied the averments of the claim application and pleaded that the driver of the offending 3 vehicle did not have valid and effective driving licence and there is a violation of terms and conditions of insurance policy. 5) On the basis of the above pleadings, the learned Tribunal has framed 5 issues and after appreciating the material available on record decided the same in favour of the appellants/claimants and awarded above stated compensation. 6) Learned counsel for the appellants/claimants submits that the amount of compensation is on the lower side. Hence, suitable enhancement may be made by this Court. 7) Learned counsels for the respondent No.4 supports the award and submits that in view of evidence available on record and findings of the learned Tribunal is justified and just compensation has been awarded. 8) I have heard learned counsel for the parties, considered their rival submissions and perused the records. 9) Considering the evidence available on record; age of the deceased; date of accident; nature of job; number of dependents; this Court is of the view that Rs. 8,000/- can be safely taken as monthly income of the deceased. 10) In light of the above and taking guidance from the judgment of Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi and others; (2017) 16 SCC 680, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors; (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this Court is recomputing the compensation as below:- S.N Particular Awarded by this Court 1. Monthly Income of the deceased 8,000/- 2. Future Prospect 10% 8,000 X10%=800/- 3. Net Income 8,000+800=8,800/- 4 4. Yearly income 8,800 X12=1,05,600/- 5. Personal expenditure 1/4 1,05,600/4= 26,400/- 6. Yearly dependency 1,05,600-26,400=79,200/- 7. Multiplier of 11 applied to assess loss of dependency 79,200 X11= 8,71,200/- 8. Funeral Expenses 15,000/- 9. Loss of estate 15,000/- 10. Filial consortium 01,60,000/- (40,000/- each to A-1 to A-4) Total compensation Rs. 10,61,200/- 11) For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs.7,64,000/- awarded by the Tribunal is enhanced to Rs. 10,61,200/-. Hence, after deducting the amount of Rs. 7,64,000/-, the appellants/claimants are held entitled for an additional amount of Rs. 2,97,200/-. The additional amount shall carry interest @6% per anuum from the date of appeal i.e. 06.01.2020. The impugned award stands modified to the above extent. 12) The respondent No. 4 insurance company is directed to deposit the amount of compensation enhanced by this Court within a period of 60 days. On such deposit being made, the learned Tribunal shall pass an appropriate order with regard to apportionment, investment and disbursement of enhanced amount to appellants/claimants Nos. 1 to 4. 13) Respondent No. 4 insurance company has filed a cross-objection contending that the compensation awarded by the learned Tribunal is excessive. However, since this Court has enhanced the compensation, the cross-objection filed by respondent No. 4 insurance company stands dismissed. 14) Consequently, the appeal is partly allowed. Sd/- (Sachin Singh Rajput) Judge H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.09.12 10:49:23 +0530